Fifth Third Bank v. Windhaven Shores, Inc. et al

Filing 33

ORDER: Pending before the Court is Plaintiff's Motion for Summary Judgment 28 , to which no opposition has been filed. Defendant Robert Phillips, Sr., who is a Guarantor on the debt at issue herein, has filed a Suggestion of Bankruptcy 32 , in dicating that he has filed a voluntary Chapter 7 petition with the U.S. Bankruptcy Court, Middle District of Tennessee. Pursuant to Section 362(a) of the U.S. Bankruptcy Code, Defendant Phillips contends that this action is stayed, pending further or der of the Bankruptcy Court. The parties shall file briefs, on or before 11/19/2010, as to whether the Court can rule on the pending unopposed Motion for Summary Judgment, given the bankruptcy of Defendant Phillips. Signed by Chief Judge Todd J. Campbell on 11/4/10. (dt)

Fifth Third Bank v. Windhaven Shores, Inc. et al

Doc. 33

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION FIFTH THIRD BANK v. WINDHAVEN SHORES, INC., et al. ) ) ) NO. 3-10-0034 ) JUDGE CAMPBELL ) ORDER Pending before the Court is Plaintiff's Motion for Summary Judgment (Docket No. 28), to which no opposition has been filed. Defendant Robert Phillips, Sr., who is a Guarantor on the debt at issue herein, has filed a Suggestion of Bankruptcy (Docket No. 32), indicating that he has filed a voluntary Chapter 7 petition with the U.S. Bankruptcy Court, Middle District of Tennessee. Pursuant to Section 362(a) of the U.S. Bankruptcy Code, Defendant Phillips contends that this action is stayed, pending further order of the Bankruptcy Court. The parties shall file briefs, on or before November 19, 2010, as to whether the Court can rule on the pending unopposed Motion for Summary Judgment, given the bankruptcy of Defendant Phillips. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

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