Barton Wayne Fishback v. Joe T. Edmiston
Opinion
trial_court Opinion
CIVIL MINUTES—GENERAL
Case No. CV 18-6946-DMG (KSx) Date December 18, 2019
Title Barton Wayne Fishback, et al. v. Joseph T. Edmiston, et al. Page 1 of 1
Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE
KANE TIEN NOT REPORTED
Deputy Clerk Court Reporter
Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present
Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE WHY AUTOMATIC STAY
SHOULD ISSUE
On December 12, 2019, Plaintiffs Barton Wayne Fishback and Carol Fishback filed a “Notice of Automatic Stay,” informing the Court that they had filed a Chapter 13 bankruptcy petition in United States Bankruptcy Court and that all proceedings in the instant case should be stayed pursuant to 11 U.S.C. section 362. [Doc. # 62.]
The Bankruptcy Code’s automatic stay provision, 11 U.S.C. section 362, does not apply to actions initiated by the debtor which involve no counterclaim against the debtor. See Snavely v. Miller (In re Miller), 397 F.3d 726, 729 (9th Cir. 2005) (“The automatic stay is applicable only to proceedings against the…