Opinion
Case No. 10-11633
03-14-2012
UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ONYX CAPITAL ADVISORS, LLC, ROY DIXON, JR. and MICHAEL A. FARR, Defendants.
HONORABLE DENISE PAGE HOOD
ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION
OF ORDER STAYING THE MATTER AS TO DEFENDANT ROY DIXON, JR.
On December 13, 2011, Defendant Roy Dixon, Jr., through his bankruptcy counsel, filed a Plea of Stay indicating he had filed an individual bankruptcy action in the United States Bankruptcy Court, Norther District of Georgia, Case No. 11-74582. The Court entered an Order staying the matter as to Roy Dixon, Jr. on December 22, 2011. Plaintiff's Motion for Reconsideration asserts that the automatic stay provision of a bankruptcy filing does not apply to an action filed by a governmental unit to enforce its police and regulatory power. 11 U.S.C. § 362(b)(4). Dixon's bankruptcy counsel agreed, filing a Notice of Withdrawal of Plea. This Court agrees. Accordingly,
IT IS ORDERED that Plaintiff's Motion for Reconsideration (Doc. No. 73) is GRANTED. The Order Staying the Matter as to Defendant Roy Dixon, Jr. (Doc. No. 72) is SET ASIDE and this action will proceed accordingly.
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Denise Page Hood
United States District Judge
10-11633 SEC v. Onyx Capital Advisors, LLC et al
Order Granting Plaintiff's Motion for Reconsideration of Order
Staying the Matter as to Defendant Roy Dixon, Jr.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record on March 14, 2012, by electronic and/or ordinary mail.
Julie Owens
Case Manager