1

 Pursuant to § 362 (a), defendant Nguyen’s Chapter 11 proceeding operates as an automatic stay,

applicable to all entities, of 

... the commencement or continuation, including the issuance or employment of process, of a

judicial, administrative, or other action or proceeding against the debtor that was or could have

been commenced before the commencement of the case under this title, or to recover a claim

against the debtor that arose before the commencement of the case under this title;

* * *

... any act to collect, assess, or recover a claim against the debtor that arose before the

commencement of the case under this title.; ...

§ 362(a)(1) and (6); see In Re State Airlines, Inc., 873 F.2d 264, 267 (11th Cir. 1989).

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

BEAL BANK, SSB, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 05-0334-P-D

)

F/V SEA COMMANDER, in rem, THOMAS ) ADMIRALTY (in rem and in

VAN NGUYEN, in personam, ) personam)

)

Defendants. )

ORDER OF STAY

Pending before this court in this two-count admiralty and maritime Complaint is a Suggestion of

Bankruptcy filed by in personam defendant Thomas Van Nguyen on July 28, 2005 (doc.21). 

Defendant Nguyen states that his Chapter 11 bankruptcy proceeding, commenced on September 14,

2004, in the United States Bankruptcy Court for the Southern District of Texas (Case No. 04-43225-

H4-11), operates pursuant to 11 U.S.C. § 362, as an automatic stay of plaintiff’s in personam claim

against him. Id.

1

Case 1:05-cv-00334-CG-B Document 31 Filed 10/24/05 Page 1 of 3
2

In response, plaintiff proffered a copy of the Bankruptcy Court’s Agreed Order On Relief

From the Automatic Stay dated January 11, 2005 (doc.23, Ex.A). The Order provides, in part, that

the automatic stay “shall be lifted pursuant to Debtor’s [defendant Nguyen’s] acknowledgment and

agreement to surrender all right, title and interest in F/V Sea Commander, a 1999 Vessel (Official No.

#1084904) [and the in rem subject matter of plaintiff’s Complaint] and its components including any

and all appurtenances thereto to [plaintiff] Beal Bank, S.S.B...” Id. This court notes that with the lifting

of the automatic stay, and following the requisite notice, the F/V SEA COMMANDER was sold at

auction by the U.S. Marshal on September 14, 2005 (docs.25-30).

Regarding plaintiff’s in personam claim against defendant Nguyen, plaintiff claims that

defendant Nguyen defaulted on an October 28, 1999 Promissory Note (doc.1, Ex.A), under which all

outstanding payments of principal, accrued interest and charges including attorney’s fees are now due. 

Id. 

This court notes that the Bankruptcy Court’s Agreed Order On Relief From the Automatic

Stay (doc.23, Exhibit A), is silent regarding defendant Nguyen, in personam, the Promissory Note he

executed, and any claims against defendant Nguyen in connection with the Promissory Note. Further,

the events giving rise to this action occurred on October 28, 1999, with defendant Nguyen’s execution

of the Promissory Note, and subsequent default. Defendant Nguyen commenced his bankruptcy

proceeding on September 14, 2004. As such, this court concludes that the automatic stay pursuant to

§ 362, is applicable.

Accordingly, it is ORDERED that plaintiff’s in personam action against defendant Nguyen be

and is hereby STAYED, pending the outcome of defendant Nguyen’s bankruptcy proceeding. 

Case 1:05-cv-00334-CG-B Document 31 Filed 10/24/05 Page 2 of 3
3

It is further ORDERED that counsel for defendant Nguyen shall notify this court in writing

every six months from the date of this Order of the status of the bankruptcy proceeding.

DONE this 24th day of October, 2005.

 S/Virgil Pittman 

SENIOR UNITED STATES DISTRICT JUDGE 

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