Jeffers v. Financial Business And Consumer Solutions, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Defendant Financial Business and Consumer Solutions, Inc. filed a notification of its Chapter 11 bankruptcy, triggering an automatic stay under 11 U.S.C. § 362(a). The court stayed the action in its entirety pending the resolution of the bankruptcy proceedings.
| What the court decided | The model |
|---|---|
Stay of action pending resolution of bankruptcy proceedings“Finding good cause, the Court STAYS this action in its entirety.” | agree with court The decision follows directly from the statutory automatic stay provision in 11 U.S.C. § 362(a), which mandates a stay of judicial actions against a debtor upon the filing of a bankruptcy petition. The court correctly identified the applicable law and the existence of the bankruptcy case. |
The order itself: sound — The order is procedurally correct and relies on the appropriate statutory provision and binding circuit authority to support the stay. It is a standard application of the automatic stay doctrine.
Opinion
] 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 1 || SRISTIN JEFFERS, Case No. 24-cv-01011-BAS-DDL Plaintiff, | QRDER STAYING ACTION PENDING RESOLUTION OF B y. BANKRUPTCY PROCEEDINGS (ECF No. 9) 14 || FINANCIAL BUSINESS AND 15 CONSUMER SOLUTIONS, INC., 16 Defendant. 17 18 Pending before the Court is Defendant’s Notification of Bankruptcy. (ECF 19 ||No. 9.) Defendant Financial Business and Consumer Solutions, Inc. is subject to a 20 ||Chapter 11 bankruptcy case in the United States Bankruptcy Court for the Eastern 21 District of Pennsylvania (Case No. 24-13029-amc). (/d.) Pursuant to 11 U.S.C. 22 ||§ 362(a), the filing of a bankruptcy petition automatically stays a judicial action 23 |/against the debtor. See Gruntz v. Cnty. of Los Angeles, 202 F.3d 1074, 1081-82 (9th 24 ||Cir. 2000) (en banc). Finding good cause, the Court STAYS this action in its 25 |/entirety. The Court ORDERS the parties to contact the Court when the bankruptcy 26 || proceedings are resolved. 27 IT IS SO ORDERED. J 28 || DATED: October 4, 2024 (pict 4 (Hiphtu. 6 How. Cynthia Bashant