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Esco Marine Inc v. Ss Pacific Star; et al

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


November 28, 2011

ESCO MARINE INC., PLAINTIFF,
v.
SS PACIFIC STAR; ET AL., DEFENDANTS.

ORDER AND COUNTERCLAIMS.

Plaintiff seeks an order confirming sale of vessel in accordance with Supplemental Rule E(9). Defendant International Maritime Security Alliance filed for Chapter 7 bankruptcy on November 6, 2011 in the Northern District of California. (Pl.'s Req. Jud. Notice at 2, ECF 174.) The sale of the vessel took place on November 7, 2011. (Id.) The court notes that plaintiff has filed a motion for relief from automatic stay*fn1 in the United States Bankruptcy Court for the Northern District of California. (Id. at 1.) In its motion, plaintiff contends that the automatic bankruptcy stay does not apply to maritime lien matters such as the present matter. (See id., Ex. B, ECF 174-2.) In order to confirm the sale as plaintiff requests, the court would have to proceed as though the automatic bankruptcy stay indeed does not apply to such matters, a question plaintiff has raised before the Bankruptcy Court. The Bankruptcy Court has jurisdiction over the bankruptcy matter; this court declines to supplant the Bankruptcy Court's authority over the matter.

The court thus declines to enter an order confirming sale at this time. Plaintiff shall notify the court immediately of the Bankruptcy Court's issuance of a decision on plaintiff's motion.

IT IS SO ORDERED.


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