Electrology Laboratory, Inc. v. Kunze et al
Filing
178
ORDER staying proceedings against Defendant/Third-Party Plaintiff Lorenzo P. Kunze until relief from the automatic stay in Bankruptcy Case No. 13-13936 is granted. By Magistrate Judge Kathleen M. Tafoya on 3/18/13. (dkals, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–01907–PAB–KMT
ELECTROLOGY LABORATORY, INC., d/b/a ROCKY MOUNTAIN LASER COLLEGE, a
Colorado corporation,
RAY FLUKEN,
JODY RIGGS FLUKEN, and
JESSICA RIGGS,
Plaintiffs,
v.
LARRY PAUL KUNZE a/k/a LORENZO KUNZE and LORENZO BLACKSTONE KUNZE,
M.E., d/b/a AMERICAN LASER COLLEGE and THE LASER COLLEGE,
LARRY PAUL KUNZE, JR., a/k/a LORENZO KUNZE JR..,
ROCK CREEK LASER & ESTHETICS INSTITUTE, a delinquent Colorado corporation,
BARELASER, LLC, a Colorado limited liability company, and
RETHINK THE INC., LLC, a Colorado limited liability company,
Defendants and Third-Party Plaintiffs,
v.
RAY FLUKEN,
JODY RIGGS FLUKEN, and
JESSICA RIGGS,
Third-Party Defendants.
ORDER
This matter is before the court on review of the “Notice of Bankruptcy Case Filing” filed
by Larry Paul Kunze on March 18, 2013. (Doc. No. 177.) According to the Notice, on March
16, 2013, Defendant/Third-Party Plaintiff Lorenzo P. Kunze filed a voluntary petition for relief
under Chapter 13 of the United States Bankruptcy Code in the United States Bankruptcy Court
for the District of Colorado. Therefore, Section 362 of the United States Bankruptcy Code
applies with respect to Defendant/Third-Party Plaintiff Lorenzo P. Kunze and the property of this
party. 11 U.S.C. § 1520(a). Section 362(a) of the Bankruptcy Code provides
Except as provided in subsection (b) of this section, a petition filed under section
301, 302, or 303 of this title, or . . . operates as a stay, applicable to all entities, of
(1) the commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding against the
debtor that was or could have been commenced before the commencement of the
case under this title, or to recover a claim against the debtor that arose before the
commencement of the case under this title.
***
(3) any act to obtain possession of property of the estate or of property from the
estate or to exercise control over property of the estate. . . .
Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy precludes continuing this litigation with
respect to Defendant/Third-Party Plaintiff Lorenzo P. Kunze.
It is therefore ORDERED that all proceedings against Defendant/Third-Party Plaintiff
Lorenzo P. Kunze are STAYED unless and until relief from the automatic stay in Bankruptcy
Case No. 13-13936 is granted.
Defendant/Third-Party Plaintiff Lorenzo P. Kunze is ORDERED to file a status report in
this case within ten days of any relief from stay in the bankruptcy case.
Dated this 18th day of March, 2013.
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