N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 18

As amended through December 11, 2024

Rule 18 - Bankruptcy Cases

18.1 Authority and Procedure: Civil actions in which one of the parties has filed a petition for relief under the United States Bankruptcy Code will be disposed of in accordance with the following authority and procedure:

(a) 11 U.S. Code 362

(b) 11 U.S. Code 1301

(c) Whitehurst v. Virginia Dare Transportation Co. 19 N.C. App. 352 (1973)

(d) N.C.G.S. 1-23

18.2 Submission of Paperwork: Any request to discontinue a case as to one or more parties shall be submitted on and accompanied by a file-stamped copy of a Certificate of Bankruptcy Filing or Stay of Proceeding from the United States Bankruptcy Court having jurisdiction and shall apply only to the party filing a petition for relief under the United States Bankruptcy Code or to a co-debtor specifically referenced under a Chapter 13 proceeding. A copy of the bankruptcy docket report available through PACER indicating that a party in the pending State action is subject to bankruptcy provisions should also be attached.

18.3 Closure of Case: Upon receipt of required paperwork noted above, the Clerk of Superior Court shall administratively close the case.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 18

Revised 11/13/2015; effective 1/1/2016.