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)

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.

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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