Great West Casualty Co. v. Flandrich et al

Filing 61

ORDER LIFTING STAY. Signed by Judge Algenon L. Marbley on 11/03/2009. (cw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GREAT WEST CASUALTY CO., Plaintiff, v. WAYNE FLANDRICH DBA J&W TRANSPORT, et al. Defendants. : : : : : : : : : : ORDER This matter is before the Court on Plaintiff's Notice to the Court of Lift of Bankruptcy Stay (Dkt. 60). On May 6, 2009, this Court stayed the present case pending resolution of Defendant Wayne Flandrich's petition for bankruptcy (Dkt. 59). On October 28, 2009, the United States Bankruptcy Court for the Southern District of Georgia, Brunswick Division, issued a Consent Order lifting the automatic stay. The Consent Order requires that any recovery on a judgment in the above-captioned case be limited to the policy limits of Defendant Flandrich's insurance coverage, and cannot extend to his personal liability, unless the Chapter 13 bankruptcy case is dismissed prior to discharge being entered in favor of Mr. Flandrich. (Case No. 0920272.) Accordingly, this Court lifts the stay on the present case. Plaintiff may proceed in this action subject to the recovery limitations placed by the Bankruptcy Court's Consent Order. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT COURT Dated: November 3, 2009

Case No. 2:07-CV-1002 JUDGE ALGENON L. MARBLEY Magistrate Judge Abel