United States of America v. Drach, Paul et al

Filing 24

ORDER granting 23 Motion for Reconsideration and vacating the 22 order dismissing this action. This action is STAYED by operation of law under 11 U.S.C. § 362, and the clerk of court is directed to administratively close this case. Defenda nts Paul and Kathleen Drach are further DIRECTED to advise the court when their bankruptcy case is closed or dismissed, or when discharge is entered, whichever is first. At that point, the United States may seek to reopen this action, if appropriate. Signed by District Judge William M. Conley on 4/4/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.

ORDER
15-cv-184-wmc

PAUL A. DRACH, KATHLEES A. DRACH
and BMO HARRIS BANK NATIONAL ASSOCIATION,
Defendants.
_________________________________________________________________________________
The government seeks reconsideration of the court’s order which dismissed this
action without prejudice. The government’s motion sets forth the procedural posture,
but briefly, this court received notice of suggestion of bankruptcy filing by defendants
Paul A. Drach and Kathleen A. Drach. (Dkt. #21.) In response, the court dismissed this
case without prejudice to reopening upon completion of the bankruptcy proceedings.
(Dkt. #22.)
The United States now seeks reconsideration on the grounds that the dismissal of
this action, rather than entering a stay, could result in a later bar to reopening due to the
running of the statute of limitations. (Dkt. #23.) Finding merit in plaintiff’s concern,
the motion for reconsideration (dkt. #23) is GRANTED, and the order dismissing this
action (dkt. #22) is VACATED. Instead, this action is STAYED by operation of law
under 11 U.S.C. § 362, and the clerk of court is directed to administratively close this
case.
Defendants Paul and Kathleen Drach are further DIRECTED to advise the court
when their bankruptcy case is closed or dismissed, or when discharge is entered,

whichever is first. At that point, the United States may seek to reopen this action, if
appropriate.
Entered this 4th day of April, 2016.
BY THE COURT:
/s/
______________________
WILLIAM M. CONLEY
District Judge

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