Opinion
Civil Action No. 13-1333
11-18-2013
CONFLUENCE STRATEGY PARTNERS, LLC, Plaintiff, v. CARDELL CABINETRY, LLC, Defendant.
Judge Cathy Bissoon
ORDER
Consistent with Defendant's filing at Docket Number 8, the Court has confirmed that Defendant has been placed into involuntary bankruptcy under § 303(b) of Chapter 7 of the United States Bankruptcy Code. See In re Cardell Cabinetry, LLC, 13-53117-cag (W.D. Tex. Bankr. (San Antonio Div.)). Pursuant to 11 U.S.C. § 362, the claims against Defendant are STAYED, and this case is ADMINISTRATIVELY CLOSED. Lehman v. Revolution Portfolio L.L.C., 166 F.3d 389, 392 & n.3 (1st Cir. 1999) ("[w]e endorse the judicious use of administrative closings by district courts . . . . to await the lifting of the automatic stay imposed by the Bankruptcy Code"); accord Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 128 (3d Cir. 2004) (citing with approval rationale in Lehman).
Involuntary bankruptcy triggers the automatic stay. Interpool, Ltd. v. Certain Freights of M/VS Venture Star, 878 F.2d 111, 112 n.4 (3d Cir. 1989); accord Interbusiness Bank, N.A. v. First Nat'l Bank of Mifflintown, 328 F. Supp.2d 522, 524 (M.D. Pa. 2004).
IT IS SO ORDERED.
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Cathy Bissoon
United States District Judge
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