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Board of Trustees of the Sheet Metal v. Robert Ralph Larceval and Susan Jane Benham

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 27, 2012

BOARD OF TRUSTEES OF THE SHEET METAL WORKERS' PENSION PLAN OF SOUTHERN CALIFORNIA, ARIZONA AND NEVADA, ET AL.,
PLAINTIFFS,
v.
ROBERT RALPH LARCEVAL AND SUSAN JANE BENHAM, INDIVIDUALS AND DOING BUSINESS AS RRL MECHANICAL, DEFENDANTS.

The opinion of the court was delivered by: Honorable Janis L. SammartinoUnited States District Judge

ORDER STAYING CASE

(ECF No. 13)

On January 23, 2012, Plaintiffs filed a response to this Court's Order directing Plaintiffs to submit briefing demonstrating good cause for why the complaint against the defaulted parties should not be dismissed for failure to move for default judgment within the time prescribed by Local Rule 55.1. (Resp., ECF No. 13) In that response, Plaintiffs indicated to the Court for the first time that Defendants filed for Chapter 13 bankruptcy on December 29, 2011, and accordingly requested that the case be stayed "until and unless the Defendants' bankruptcy is dismissed or discharged." (Id. at 2)

The automatic stay provision of 11 U.S.C. § 362(a)(1) prohibits the "commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title." 11 U.S.C. § 362(a)(1). Here, the individual defendants Robert Ralph Larceval ("Larceval") and Susan Jane Benham ("Benham") have filed for Chapter 13 bankruptcy. Accordingly, the claims against them are automatically stayed under § 362(a)(1).*fn1

A stay issued pursuant to § 362(a)(1) continues until the case is closed or dismissed, or the discharge is granted or denied. 11 U.S.C. § 362(c)(2). Accordingly, the Court directs Plaintiffs to submit to the Court within seven days of the date the bankruptcy case is closed or dismissed, or the discharge granted or denied, a motion to lift the stay in this matter.

IT IS SO ORDERED.


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