Zweben

Zweben v. Shirk

Good Law
United States District Court, Northern District of CaliforniaMarch 29, 20233:23-cv-00591California352 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALENA ZWEBEN, et al., Case No. 23-cv-00591-LJC

Plaintiffs,

ORDER RE: BANKRUPTCY STAY

v. 9 Re: Dkt. No. 13 MATTHEW MARSHALL SHIRK, et al., Defendants.

12 On March 28, 2023, Plaintiffs Alena Zweben and Zweben Naturopathic PLLC (dba Market Place Naturopathic) filed a Suggestion of Bankruptcy as to Defendants Matthew Marshall Shirk and Simple Advertising and Internet Design, LLC, and Notice of Automatic Stay of Proceedings. Dkt. 13. Plaintiffs informed the Court that Defendants filed bankruptcy proceedings in this District on March 15, 2023. Id. Plaintiffs also provided copies of the Notice of Chapter 7 Bankruptcy (Official Form 309C) as to each Defendant. Id. Although Defendants have both been served in this matter, neither has appeared. Id. “The filing of a bankruptcy petition creates a bankruptcy estate, which is protected by an automatic stay of actions by all entities to collect or recover on claims.” Burton v. Infinity Cap. Mgmt., 862 F.3d 740, 746 (9th…

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