Case No. 05-88203, Adv. Pro. No. 08-4206.United States Bankruptcy Court, E.D. Michigan, Southern Division.
April 15, 2008
ORDER DISMISSING ADVERSARY PROCEEDING WITHOUT PREJUDICE
THOMAS TUCKER, Bankruptcy Judge
This adversary proceeding came before the Court for review, and for an initial scheduling conference on April 14, 2008 at 9:00 a.m. No one appeared at the initial scheduling conference; rather, the parties filed a stipulation on April 11, 2008 to adjourn the initial scheduling conference by one week, until April 21, 2008.
Upon consideration, the Court concludes that this adversary proceeding must be dismissed, without prejudice. The pro se
Plaintiff filed this adversary proceeding on February 20, 2008, seeking damages for claimed violations of the automatic stay by the Defendant. The Plaintiff’s underlying Chapter 7 bankruptcy case, Case No. 05-88203, however, was closed on October 25, 2006. Plaintiff did not file any motion to reopen the main bankruptcy case, nor has any order been entered reopening that case. That case must be reopened before Plaintiff may file and prosecute any adversary proceeding arising under, arising in, or related to the main bankruptcy case. See 28 U.S.C. § 157(a) and (b).
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Accordingly,
IT IS ORDERED that this adversary proceeding is dismissed, without prejudice to Plaintiff’s right to refile the adversary proceeding if and when the Court enters an order in the main bankruptcy case, Case No. 05-88203, reopening that case.