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Laura Gens v. Wachovia Mortgage Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 5, 2013

LAURA GENS,
PLAINTIFF,
v.
WACHOVIA MORTGAGE CORP., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING DEFENDANTS' MOTION FOR AWARD OF PRE- BANKRUPTCY ATTORNEY'S FEES WITHOUT PREJUDICE

United States District Court For the Northern District of California

On February 1, 2013, the United States Bankruptcy Court imposed an automatic stay in the Chapter 11 bankruptcy case of Plaintiff Laura Gens ("Plaintiff"), in the matter entitled In re Laura 18 Gens, United States Bankruptcy Court for the Northern District of California, Case No. 13-50106-19 ASW. See ECF NO. 103 ("Notice of Automatic Stay"). The "automatic stay" pursuant to 11 20 U.S.C. § 362 operates as an automatic stay of the continuation of a "judicial, administrative, or 21 other action or proceeding" against the debtor, 11 U.S.C. § 362(a)(1), as well as an automatic stay 22 of acts to "collect, assess, or recover a claim" against the debtor arising prior to the application date 23 for the automatic stay, 11 U.S.C. § 362(a)(6). The automatic stay will remain in effect until April 24 15, 2013, pending a ruling on Plaintiff's motion to impose the automatic stay. Notice of Automatic 25 Stay at 2. 26

Currently before the Court is Defendants' Motion for the Award of Pre-Bankruptcy 17 Attorney's Fees. See ECF No. 89 ("Motion"). This Motion is subject to the automatic stay as it is 28 a judicial proceeding and an act to "collect, assess, or recover a claim" against Plaintiff within the 2 meaning of 11 U.S.C. § 362. 3 In light of this stay, the Court DENIES Defendants' Motion for the Award of Pre- Bankruptcy Attorney's Fees without prejudice. Defendants shall re-file their Motion after the 5 bankruptcy stay is lifted. Once re-filed, the Court will grant Defendants an expedited hearing date. 6

IT IS SO ORDERED. 7 8

20130205

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