Order Regarding Stay In Bankruptcy {MAG 11-07}

_____________________ _____________________ __________, MAGIS TRATE COURT OF GWINNETT COUNTY, ST ATE OF GE OR GIA Plaintiff(s), vs. Civil Acti on File No. _____________________ ______________________ _____________________ __________, Defendant(s), _____________________ _____________________ __________, Garnishee. ORDER REGARDING STA Y IN BANKRUPTCY It appearing to the Court that the Defendant(s) ___________ _____________________ _____ has/h ave filed a voluntary petitionin bankruptcy in the United Stat es Bankruptcy Court for the _______________ Di strict of ___________, ___________ Di vision, Case No. __________ _______ and t hat sai d filing operat es as an aut omatic st ay of further proceedings against the bankruptDefenda nt(s) in the above st yled act ion. IT IS THEREFO RE ORDER ED, AS FOLLOW S: [ ]There is only one Defendant in this action. All proceedings against the Defendant are stayed until further order of the Court. The Clerk of this Court is hereby directed to remove this case from the pending files and close this case by administrative order upon the docket of this Court. The Clerk of this Court shall hold any funds held in the registry of the Court until an order is received from the United States Bankruptcy Court regarding the disposition of such funds. [ ]There is more than one Defendant in this action. The relief sought by the Plaintiff may not be granted as to any Defendant without affecting the rights of the Defendant in bankruptcy. All proceedings against all of the Defendants herein are stayed until further order of the Court. The Clerk of this Court is hereby directed to remove this case from the pending files and close this case by administrative order upon the docket of this Court. The Clerk of this Court shall hold any funds held in the registry of the Court until an order is received from the United States Bankruptcy Court regarding the disposition of such funds. [ ]There is more than one Defendant in this action. The relief sought by the Plaintiff may be granted against the other Defendants without affecting the rights of the Defendant in bankruptcy. The portion of the case against other co-defendant(s) shall not be stayed . However, all proceedings against the Defendant ______________________ _____________________ __, debtor, are stayed until further order of the Court. The Clerk of this Court shall hold any funds paid by or on behalf of the debtor in bankruptcy held in the registry of the Court until an order is received from the United States Bankruptcy Court regarding the disposition of such funds. [ ]The relief sought by the Plaintiff against the Defendant(s) is for the recovery of a post-petition debt. This action is not stayed.[ ]A judgment has already been entered by the Court . To the limited extent that there are post trial issues in this court those matters are hereby stayed and the Clerk of this Court is hereby directed not to issue a writ of fieri facias, if a writ has not yet been entered. The parties shall not proceed with any post judgment discovery arising out of this action until further order of this Court.Parties desiring to reopen this case or to challenge the authenticity, scope or continued duration of the underlying bankruptcy stay shallfile a written motion or request pursuant to Uniform Magistrate Court Rule 42, at which time said motion shall be set for a hearing. So ORDERED, this _______ day of ______________________, 20______. _____________________ _____________________ ___________ Magistrate Copies to parties or attorneys for: [ ] Plaintiff; [ ] Defendant; [ ] Garnishee. MAG 11-07 Bankruptcy Stay (AUG 01)