Summary
This District Court order denies the plaintiff's motion for relief from an automatic bankruptcy stay. The court explains that under 11 U.S.C. § 362 and relevant circuit precedent, bankruptcy courts hold exclusive authority over requests to lift automatic stays. Consequently, the district court lacks jurisdiction to grant such relief and directs all future motions to be filed in bankruptcy court.
Topics
Practice areas
Questions Presented
- Whether the United States District Court for the District of Nevada has authority to grant relief from an automatic bankruptcy stay.
Holdings
- The district court lacks authority to grant relief from an automatic bankruptcy stay; such relief must be sought in the bankruptcy court.
Key quotations
“This Court does not have the authority to grant relief from the automatic bankruptcy stay.” (at 1)
“Based on the legislative history and policy considerations behind 11 U.S.C. § 362, the bankruptcy court has exclusive authority to grant relief from an automatic bankruptcy stay.” (at 1)
Factual background
Plaintiff Leandre Martell sought relief from the automatic bankruptcy stay affecting his civil rights claim. Defendants, including Wellpath LLC, opposed the motion. The district court considered whether it possessed authority to grant such relief.
Procedural history
Plaintiff Leandre Martell filed a Motion Requesting Relief from Automatic Stay (ECF No. 20). Defendants Kyle Martineau, Ralph Aquino, and Wellpath LLC filed a response (ECF No. 24) joined by Maria L. Skelton (ECF No. 26). The district court issued an order denying the motion.