Bermudez v. SN Servicing Corporation

Opinion

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