Filed as an attachment by attorney Robert Hanlon to the following motion is Mary McClellan’s latest bankrjuptcy petition.
EMERGENCY MOTION TO STAY PROCEEDINGS
NOW COMES Defendants, Cal Skinner, Jr., and McHenry County Blog LLC by and through their attorney, ROBERT T. HANLON of the LAW OFFICES OF ROBERT T. HANLON & ASSOCIATES, PC, with their combined Emergency Motion to stay and in support thereof state as follows:
- At the time that Defendants counsel appeared in this case and filed its response to the emergency Motion of Mary McClellan there had been no knowledge that Mary McClellan is a debtor in Bankruptcy.
- Attached hereto and incorporated herein is a copy of a printout from the United States Bankruptcy Court showing Mary E. McClellan with the same address as the plaintiff as a debtor in bankruptcy. See Exhibit A.
- This is the fourth Bankruptcy petition of the Debtor, Mary McClellan.
- The bankruptcy court Docket (Exhibit A) shows no relief form the automatic stay to pursue this action and it was not advanced by the bankruptcy estate’s trustee.
- For Defendants to assert their rights in this case, would violate the Automatic Stay, especially in light of the likely filing of a sanction motion.
- Plaintiffs Filing also violates the automatic stay as no relief has been granted by the Bankruptcy court for pursuing this action by the Debtor and not the Bankruptcy Estate.
- In light of the bankruptcy filing, Plaintiff has knowingly falsely pled in this case where she alleged she was a person of good credit. This is her fourth bankruptcy and there have been motions by secured creditors for relief for non-payment of her home mortgage payment.
The action in pleading in violation of the automatic stay is sanctionable by not only the bankruptcy court but also this court.
Wherefore, Defendants pray for the following relief:
a) Immediately stay this proceeding until relief is granted from the automatic stay by the bankruptcy court or until such time that the Bankruptcy proceeding is completed.
b) For such other and further relief as this court deems just and equitable.