Martell v. Wellpath LLC

• Court: District Court, D. Nevada
• Decided: February 11, 2025
• Docket: 2:24-cv-00159
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 LEANDRE MARTELL, 4 Plaintiff, Case No.: 2:24-cv-00159-GMN-MDC 5 v. 6 ORDER DENYING MOTION FOR KYLE F. MARTINEAU, et al. RELIEF FROM AUTOMATIC STAY 7 Defendants. 8

9 Pending before the Court is the Motion Requesting Relief from Automatic Stay, (ECF 10 No. 20), filed by Plaintiff Leandre Martell. Defendants Kyle Martineau and Ralph Aquino and 11 party in interest Wellpath LLC filed a Response, (ECF No. 24). Defendant Maria L. Skelton 12 joined the Response, (ECF No. 26). 13 This Court does not have the authority to grant relief from the automatic bankruptcy stay. 14 Based on the legislative history and policy considerations behind 11 U.S.C. § 362, the 15 bankruptcy court has exclusive authority to grant relief from an automatic bankruptcy stay. See 16 Cathey v. Johns-Manville Sales Corp., 711 F.2d 60, 62-63 (6th Cir. 1983); see also In re 17 Gruntz, 202 F.3d 1074, 1081-84 (9th Cir. 2000) (explaining that oversight of automatic 18 bankruptcy stays, and any modifications thereto, is a core function of the bankruptcy court “the 19 administration of which is vested exclusively with the bankruptcy court”). Hence, all requests 20 for relief from a bankruptcy stay must be filed in bankruptcy court, and other courts with 21 proceedings that may be impacted by that stay are without power to grant relief from the stay. 22 See Ingersoll-Rand Fin'l Corp. v. Miller Min. Co., Inc., 817 F.2d 1424, 1427 (9th Cir. 1987) 23 (refusing to proceed with appeal in manner that would violate applicable automatic stay 24 because “the bankruptcy court has not granted relief from the stay”); see also In re Wardrobe, 25 1 F.3d 932, 934 (9th Cir. 2009) (“only an order from the bankruptcy court can authorize any 2 || further progress in the stayed proceedings’). 3 Accordingly, 4 IT IS HEREBY ORDERED that Plaintiff's Motion for Relief from Automatic Stay is 5 || DENIED. 6 Dated this 11 day of February, 2025. i, 8 (i Owe Glori# M. Navarro, District Judge 9 cone tates District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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