International Tractor Co., Inc. et al v. Winn

Filing 95

ORDER: The pretrial conference will proceed on Friday, 6/24/2011, with the participation of plaintiffs counsel, who have not been allowed to withdraw, unless the court is informed that both plaintiffs/counter-defendants have filed for bankruptcy protection. Signed by District Judge Aleta A. Trauger on 6/22/11. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
INTERNATIONAL TRACTOR CO., INC.,
and ELIAT LEV,
Plaintiffs,
v.
JERRY WINN,
Defendant.

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Civil No. 3:09-0015
Judge Trauger

ORDER
Plaintiffs’ counsel has advised that the plaintiffs “intend to file bankruptcy before the
start of the trial.” (Docket No. 93 at 1) The pretrial conference in this case is scheduled for
this Friday, June 24, 2011. At the time that either plaintiff files for protection under the
bankruptcy code, the automatic stay will go into effect to halt the proceedings as to the
counterclaim, and the debtor will be obligated to have the bankruptcy trustee proceed on its/his
behalf on the claims in the Complaint. If both plaintiffs do not file for bankruptcy protection,
the non-debtor plaintiff may proceed with the claims in this case as plaintiff, and the
counterclaim may be pursued against the plaintiff who has not sought bankruptcy protection.
It is hereby ORDERED that the pretrial conference will proceed on Friday, June 24,
2011, with the participation of plaintiffs’ counsel, who have not been allowed to withdraw,
unless the court is informed that both plaintiffs/counter-defendants have filed for bankruptcy
protection.
It is so ORDERED.
ENTER this 22nd day of June 2011.
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ALETA A. TRAUGER
U.S. District Judge