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Case 2:10-cv-00456-UA-SPC Document 93 Filed 07/11/13 Page 1 of 2 PageID 893

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

Plaintiff,



OMNI RESOURCE GROUP OF SW
FLORIDA, LLC,



v.

DEBORAH BUCHANAN,




Defendant.

Case No: 2:10-cv-456-FtM-99SPC

/
ORDER1

This matter comes before the Court on the Plaintiff Omni Resource Group of SW

Florida, LLC.'s Response to Order to Show Cause (Doc. #78) filed on December 12,

2012. On December 6, 2012, this Court ordered the Plaintiff to Show Cause why the

case should not be closed. Plaintiff represents that on or about April 10, 2012, the

Bankruptcy Court for the Southern District of Indiana discharged Defendant and her

joint debtor; although the bankruptcy case was not administratively closed.



In its response to the Order to Show Cause, Omni states that the Discharge

Order in Debtor's bankruptcy case has effectively rendered this matter moot by virtue of

the fact that all claims relative to this matter constitute discharged property of the

bankruptcy estate. "Once an asset becomes a part of the bankruptcy estate, all rights



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Case 2:10-cv-00456-UA-SPC Document 93 Filed 07/11/13 Page 2 of 2 PageID 894

held by the debtor in the asset are extinguished. . .” Parker v. Wendy's International,

Inc., 365 F. 3d 1268, 1272 (11th Cir. 2004). "Thus, a trustee, as the representative of

the bankruptcy estate, is the proper party of interest, and is the only party with standing

to prosecute causes of action belonging to the [bankruptcy] estate," Id.

The Plaintiff acknowledges the Discharge Order “wiped out” its ability to recover

from the Defendant relative to this action. In Re Jones, 389 B.R. 146, 159 (D.C. Mont.

2008). As such, the Plaintiff states that its claims are now moot and that the bankruptcy

stay in this case should be lifted and the case dismissed and closed.

Accordingly, it is now

ORDERED:

(1) The Bankruptcy Stay is hereby lifted;

(2) The Plaintiff’s case is hereby DISMISSED;

(3) The Clerk of the Court is hereby directed to CLOSE the case and terminate

any pending motions.

DONE and ORDERED in Fort Myers, Florida this 10th day of July, 2013.







Copies: All Parties of Record



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