Opinion
Civil Action No. 09-cv-02264-PAB-KMT.
November 24, 2009
ORDER
This matter is before the Court on "Plaintiff's Notice of Bankruptcy" (Doc. No. 28) filed November 9, 2009. In the Notice, Plaintiff advises the Court that she filed for bankruptcy on September 30, 2009. ( Id.) Plaintiff requests "an extension of time pursuant to Federal and State Laws." ( Id.)
Pursuant to this Court's Order (Doc. No. 26), on November 23, 2009, Defendant State of Colorado submitted a "Statement Regarding Effect of Bankruptcy" to which Defendant attaches the United States Bankruptcy Court for the District of Colorado's "Order Dismissing Chapter 13 Case Prior to Confirmation of Plan" (Doc. No. 31-2) and "Order Confirming Absence of Stay" (Doc. No. 31-3). Plaintiff's Chapter 13 bankruptcy case was dismissed on November 6, 2009, for Plaintiff's failure to comply with the Bankruptcy Court's Order that she file and serve a Chapter 13 plan. ( See Doc. No. 31-2.) Furthermore, the Bankruptcy Court has notified all of Plaintiff's creditors regarding the absence of an automatic stay pursuant to 11 U.S.C. § 362(c). ( See Doc. No. 31-3.)
Therefore, it is
ORDERED that Plaintiff's request for a stay pursuant to federal and state laws is DENIED. It is further
ORDERED that Plaintiff shall file responses to any or all of the pending motions to dismiss no later than December 9, 2009. It is further
ORDERED that the Scheduling Conference set for December 17, 2009, is VACATED and RESET to January 4, 2010, at 9:00 a.m. The proposed Scheduling Order shall be filed no later than December 28, 2009.