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Souza v. Fernandes

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 14, 2010

ALVIN L. SOUZA D/B/A ALVIN SOUZA DAIRY, PLAINTIFF,
v.
LUIS OLIVEIRA FERNANDES, MARLENE FERNANDES, INDIVIDUALLY AND D/B/A FERNANDES FAMILY JERSEYS, ET. AL., DEFENDANTS.

ORDER STAYING CASE PURSUANT TO 11 U.S.C. § 362

(Doc. Nos. 18, 19)

On October 12, 2010, Defendants Luis Oliveira Fernandes and Marlene Fernandes filed a notice of bankruptcy. See Court's Docket Doc. Nos. 18, 19. The notices indicate that these defendants filed Chapter 7 bankruptcy on September 30, 2010. See id. The notices state that the automatic stay provisions of 11 U.S.C. § 362 apply. See id.

"When a debtor files for bankruptcy, he is immediately protected by an automatic stay under 11 U.S.C. § 362(a), which provides that a bankruptcy petition, among other things, 'operates as a stay, applicable to all entities, of the commencement or continuation. of a judicial, administrative, or other action or proceeding against the debtor....'" Sternberg v. Johnston, 595 F.3d 937, 943 (9th Cir. 2009) (quoting 11 U.S.C. § 362(a)(1)); see Eskanos & Adler, P.C. v. Leetien, 309 F.3d 1210, 1214 (9th Cir. 2002); In re White, 186 B.R. 700, 703 (B.A.P. 9th Cir. 1995).

Since the case at bar is against the Fernandeses, and was filed before the September 30, 2010, the automatic stay of 11 U.S.C. § 362(a)(1) applies. See id. This case is stayed.

Accordingly, IT IS HEREBY ORDERED that:

1. This case is STAYED pursuant to 11 U.S.C. § 362(a)(1); and

2. Defendants Luis Oliveira Fernandes and Marlene Fernandes shall inform this Court, within fourteen (14) days of the expiration of the stay, that the stay has expired due to the occurrence of an event listed in 11 U.S.C. § 362(c).*fn1

IT IS SO ORDERED.


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