Opinion
2172-17
04-13-2023
PETER E. BARKER-HOMEK & SHAY SERDY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland, Judge
On April 4, 2023, the Court held a conference call with the parties. During the conference call, Petitioners informed the Court that Petitioner Shay Serdy had filed for bankruptcy. On April 5, 2023, Petitioners filed with the Court a Status Report attaching the petition filed by Petitioner Shay Serdy in the United States Bankruptcy Court for the Middle District of Florida under Chapter 7 of the Bankruptcy Code (U.S.C. 11) after having filed a timely Petition with this Court on January 27, 2017. The Court verified that Ms. Serdy's bankruptcy petition had been so filed. By virtue of that bankruptcy filing, an automatic stay is currently in effect pursuant to 11 U.S.C. § 362(a)(8), and proceedings in this case should therefore be stayed.
Upon due consideration, and for cause, it is
ORDERED that jurisdiction of this case continues to be retained by this Division of the Court. It is further
ORDERED that, pursuant to 11 U.S.C. § 362(a)(8), all proceedings herein are automatically stayed. It is further
ORDERED that although proceedings are stayed, the parties shall, on or before October 10, 2023, file a joint status report (or separate status reports if a joint report is not possible) informing the Court of the then-present status of this case. It is further
ORDERED that the current briefing schedule is hereby vacated, and the due dates shall be rescheduled once the bankruptcy stay is lifted.