Bermudez v. SN Servicing Corporation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Omar Bermudez, No. 2:22-cv-01246-KJM-DB 12 Plaintiff, 13 Vv. ORDER 14 SN Servicing Corporation, 15 Defendant. 16 17 Defendant brings to this court’s attention that Charles Enabulele, a co-trustee of □□□□□□□□□□□ 18 || home, filed for bankruptcy on August 2, 2022, on the same day plaintiff moved this court for a 19 || temporary restraining order to stop foreclosure sale of his home. See RJN Exs. 27 & 28, ECF 20 | No. 13-1. The filing of a bankruptcy petition automatically stays “actions by all entities to 21 | collect or recover on claims” against Mr. Enabulele and the property of the estate, which appears 22 | to include plaintiff's home. Burton v. Infinity Cap. Mgmt., 862 F.3d 740, 746 (9th Cir. 2017). 23 || “Generally, the filmg of bankruptcy will stay all proceedings relating to a foreclosure sale.” Jn re 24 | Mann, 907 F.2d 923, 926-27 (9th Cir. 1990). 25 IT IS THEREFORE ORDERED that plaintiff show cause no later than August 15, 2022, 26 || at 5:00 p.m. why this case should not be stayed until the resolution of Mr. Enabulele’s bankruptcy 27 || proceeding. 28 || DATED: August 11, 2022. CHIEF oe STATES DISTRICT JUDGE