Clarence L. Roberts, et al. v. Bentarius Fonta Stewart, et al.

Summary

The United States District Court for the Southern District of Alabama stayed the action against Defendant Unlimited Deliveries, LLC because its Chapter 11 bankruptcy filing triggered the automatic stay under 11 U.S.C. § 362. The Court clarified that the automatic stay does not extend to non-bankrupt co-defendant Bentarius Fonta Stewart.

Holdings

1. The automatic stay under 11 U.S.C. § 362 became effective upon commencement of Unlimited Deliveries, LLC's Chapter 11 bankruptcy case and stayed continuation of this action against Unlimited, including enforcement of any prepetition judgment against Unlimited or property of the bankruptcy estate.
2. The automatic stay under 11 U.S.C. § 362(a) did not extend to nonbankrupt co-defendant Bentarius Fonta Stewart.

Questions Presented

1. Whether the commencement of Unlimited Deliveries, LLC's Chapter 11 bankruptcy case automatically stayed continuation of this action against Unlimited under 11 U.S.C. § 362(a).
2. Whether the automatic stay also applied to nonbankrupt co-defendant Bentarius Fonta Stewart.

Disposition

other