Florczyk v. Scottsdale Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RICHARD FLORCZYK, ) ) Plaintiff, ) ) vs. ) Civ. Action No. 1:22-00466-KD-MU ) SCOTTSDALE INSURANCE COMPANY, ) ) Defendant. ) ORDER This action is before the Court on the Suggestion of Bankruptcy filed by Defendant Scottsdale Insurance Company. (Doc. 21). Defendant advises the Court that Plaintiff Richard Florczyk filed for Chapter 13 bankruptcy protection in the United States Bankruptcy Court for the Southern District of Alabama, Case No. 23-12446.1 Defendant also moves for a stay pending the outcome of Plaintiff’s bankruptcy proceedings and that this Court “grant any such further relief justice requires.” (Doc. 21 at 1). Pursuant to Section 362(a), filing a joint bankruptcy petition under Chapter 13 operates as an automatic stay of an action against the party seeking bankruptcy protection. 11 U.S.C. § 362 (a)(1) (“Except as provided in subsection (b) of this section, a petition filed under section . . . 302 . . . operates as a stay, applicable to all entities, of – (1) the commencement or continuation . . . of a judicial . . . action or proceeding against the debtor . . . .”) (emphasis added). Here, Plaintiff Richard Florczyk, not Defendant Scottsdale Insurance Company, filed for bankruptcy 1 The Court independently confirmed that Richard Florczyk and Katie Florczyk jointly filed a voluntary petition for Chapter 13 bankruptcy on October 18, 2023, in the United States Bankruptcy Court for the Southern District of Alabama. relief. “The automatic stay only stays actions against a debtor, not those pursued by the debtor.” In re Rogers, 251 B.R. 626, 629 (Bankr. N.D. Fla. 2000) (emphasis included). Additionally, a Chapter 13 debtor retains standing to pursue a civil claim after the filing of a bankruptcy petition. Slater v. U.S. Steel Corp., 871 F.3d 1174, 1180 (11th Cir. 2017). Accordingly, Defendant’s motion, (Doc. 21), is DENIED. DONE and ORDERED this 7th day of March 2024. /s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE