Green Mountain Holdings Ltd. v. Fasullo
- Philip Halpern
- 7:24-cv-03469
- U.S. District Court · Southern District of New York
- 2
In Green Mountain Holdings v. Fasullo, Judge Halpern stayed the claims and administratively closed the case after Fasullo filed for bankruptcy.
Green Mountain Holdings (Cayman) Ltd. and Marianne Calicchio Fasullo are affected because the claims in their case are stayed and the case is administratively closed while the bankruptcy proceeding or automatic stay remains unresolved.
What happened
Green Mountain Holdings (Cayman) Ltd. sued Marianne Calicchio Fasullo. The court received notice that Fasullo had filed for Chapter 13 bankruptcy.
Because of the bankruptcy filing, the claims in the case were stayed under federal bankruptcy law. The court also administratively closed the case, canceled all conferences, and allowed either party to ask to reopen it by letter within 30 days after the bankruptcy proceeding ended or the stay was otherwise lifted.
Judge Philip M. Halpern ordered the stay and administrative closure. The order did not decide the underlying claims.
The detailed version
- Green Mountain Holdings Ltd. v. Fasullo · No. 7:24-cv-03469
- Philip Halpern
- Dec. 6, 2024
Background
The court received notice that Defendant Marianne Calicchio Fasullo had filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York.
Court’s Action
The court ordered that the claims in this action were stayed under 11 U.S.C. § 362. This provision creates an automatic stay that generally pauses covered proceedings when a bankruptcy case is filed. The court also ordered the Clerk to administratively close the case, without prejudice to either party moving by letter motion to reopen it within 30 days after the bankruptcy proceeding concluded or the automatic stay was otherwise vacated. All conferences were canceled.
Disposition
Judge Philip M. Halpern stayed the claims and ordered the case administratively closed. The order addressed the effect of the bankruptcy filing and did not resolve the merits of the parties’ underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.