Zweben v. Shirk

N.D. California

Zweben v. Shirk

DecidedMarch 29, 2023

Docket3:23-cv-00591

StatusUnknown

This text of Zweben v. Shirk (Zweben v. Shirk) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zweben v. Shirk, (N.D. Cal. 2023).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALENA ZWEBEN, et al., Case No. 23-cv-00591-LJC

8 Plaintiffs, ORDER RE: BANKRUPTCY STAY v. 9 Re: Dkt. No. 13 10 MATTHEW MARSHALL SHIRK, et al., Defendants. 11

12 13 On March 28, 2023, Plaintiffs Alena Zweben and Zweben Naturopathic PLLC (dba 14 Market Place Naturopathic) filed a Suggestion of Bankruptcy as to Defendants Matthew Marshall 15 Shirk and Simple Advertising and Internet Design, LLC, and Notice of Automatic Stay of 16 Proceedings. Dkt. 13. Plaintiffs informed the Court that Defendants filed bankruptcy proceedings 17 in this District on March 15, 2023. Id. Plaintiffs also provided copies of the Notice of Chapter 7 18 Bankruptcy (Official Form 309C) as to each Defendant. Id. Although Defendants have both been 19 served in this matter, neither has appeared. Id. 20 “The filing of a bankruptcy petition creates a bankruptcy estate, which is protected by an 21 automatic stay of actions by all entities to collect or recover on claims.” Burton v. Infinity Cap. 22 Mgmt., 862 F.3d 740, 746 (9th Cir. 2017) (citing 11 U.S.C § 362(a)). “The automatic stay is self- 23 executing, effective upon the filing of the bankruptcy petition.” Id. (internal citation omitted). 24 // 25 // 26 // 27 // 1 Accordingly, this case is STAYED pursuant to 11 U.S.C § 362(a). The Initial Case 2 || Management Conference currently set for May 11, 2023, is VACATED. When the bankruptcy 3 proceedings conclude, or before then if Plaintiffs believe that the automatic stay no longer applies, 4 || Plaintiffs must file a notice on the docket for this case, explaining the status. The Clerk of the 5 || Court is instructed to administratively close this case. This is an internal procedure that doesn’t 6 affect the substantive rights of the parties in this action. 7 IT IS SO ORDERED. 8 Dated: March 29, 2023 9 10 den. | erry —— ‘A J. CISMEROS ited States Magistrate Judge 12

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALENA ZWEBEN, et al., Case No. 23-cv-00591-LJC

8 Plaintiffs, ORDER RE: BANKRUPTCY STAY v. 9 Re: Dkt. No. 13 10 MATTHEW MARSHALL SHIRK, et al., Defendants. 11

12 13 On March 28, 2023, Plaintiffs Alena Zweben and Zweben Naturopathic PLLC (dba 14 Market Place Naturopathic) filed a Suggestion of Bankruptcy as to Defendants Matthew Marshall 15 Shirk and Simple Advertising and Internet Design, LLC, and Notice of Automatic Stay of 16 Proceedings. Dkt. 13. Plaintiffs informed the Court that Defendants filed bankruptcy proceedings 17 in this District on March 15, 2023. Id. Plaintiffs also provided copies of the Notice of Chapter 7 18 Bankruptcy (Official Form 309C) as to each Defendant. Id. Although Defendants have both been 19 served in this matter, neither has appeared. Id. 20 “The filing of a bankruptcy petition creates a bankruptcy estate, which is protected by an 21 automatic stay of actions by all entities to collect or recover on claims.” Burton v. Infinity Cap. 22 Mgmt., 862 F.3d 740, 746 (9th Cir. 2017) (citing 11 U.S.C § 362(a)). “The automatic stay is self- 23 executing, effective upon the filing of the bankruptcy petition.” Id. (internal citation omitted). 24 // 25 // 26 // 27 // 1 Accordingly, this case is STAYED pursuant to 11 U.S.C § 362(a). The Initial Case 2 || Management Conference currently set for May 11, 2023, is VACATED. When the bankruptcy 3 proceedings conclude, or before then if Plaintiffs believe that the automatic stay no longer applies, 4 || Plaintiffs must file a notice on the docket for this case, explaining the status. The Clerk of the 5 || Court is instructed to administratively close this case. This is an internal procedure that doesn’t 6 affect the substantive rights of the parties in this action. 7 IT IS SO ORDERED. 8 Dated: March 29, 2023 9 10 den. | erry —— ‘A J. CISMEROS ited States Magistrate Judge 12

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