Harris v. Makita U.S.A., Inc.

Filing 53

ORDER entered DENYING the motion to stay. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Download PDF
United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MATT HARRIS, Plaintiff, v. MAKITA USA, INC., Defendant. § § § § § § § § § August 15, 2017 David J. Bradley, Clerk CIVIL ACTION NO. H-15-3353 ORDER DENYING MOTION TO STAY The plaintiff, Matt Harris, filed a Suggestion of Bankruptcy, (Docket Entry No. 52), asserting that this case should be stayed until his bankruptcy proceedings are resolved. Section 362(a)(1) provides for an automatic stay of any judicial “proceeding against the debtor.” 11 U.S.C. § 362(a)(1). “The purposes of the bankruptcy stay . . . are to protect the debtor’s assets, provide temporary relief from creditors, and further equity of distribution among the creditors by forestalling a race to the courthouse.” Reliant Energy Servs., Inc. v. Enron Canada Corp., 349 F.3d 816, 825 (5th Cir. 2003) (quotations omitted). This case is not a proceeding against Harris. Neither the text nor cases decided under § 362 support a stay in this case. Harris’s motion to stay is denied. SIGNED on August 15, 2017, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?