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
OMNI RESOURCE GROUP OF SW
Case No: 2:10-cv-456-FtM-99SPC
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
(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