Ferguson et al v. The Bank of New York Mellon Corporation

Filing 5

ORDER STAYING, REFERRING AND ADMINISTRATIVELY CLOSING entered: This case is administratively closed. The plaintiffs may reinstate this case to the active docket on notice to this court of the discontinuance of the stay under 11 U.S.C. § 362(c)(2), provided the notice is filed within 30 days after the bankruptcy stay is discontinued. Case terminated on 3/7/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ROBERT WADE FERGUSON and WENDY THOMPSON FERGUSON, § § Plaintiffs, § § VS. § § THE BANK OF NEW YORK MELLON § CORP.fka THE BANK OF NEW YORK, et al.,§ § Defendants. § CIVIL ACTION NO. H-13-279 ORDER STAYING, REFERRING, AND ADMINISTRATIVELY CLOSING The plaintiff, Robert Wade Ferguson, filed a petition in the United States Bankruptcy Court for the Southern District of Texas as Case No. 13-30754 on February 5, 2013. A petition filed under 11 U.S.C. §§ 301, et seq., operates as a stay of a judicial proceeding against the debtor that was commenced before the bankruptcy proceeding. 11 U.S.C. § 362(a)(1). To the extent this case involves claims against the debtor, the stay applies. To the extent this case involves claims by the debtor, or claims by a nondebtor that are linked to those of the debtor, the stay may not apply, but the claims are referred to the bankruptcy court. This case is administratively closed. The plaintiffs may reinstate this case to the active docket on notice to this court of the discontinuance of the stay under 11 U.S.C. § 362(c)(2), provided the notice is filed within 30 days after the bankruptcy stay is discontinued. SIGNED on March 7, 2013, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge

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