Facts

BFS West Inc. sued Westbridge Construction Inc. and Octavian Scutelnicu, in connection with a loan.

PLAINTIFF'S CONTENTIONS:
Plaintiff loaned Westbridge Construction funds. Scutelnicu guaranteed the loan. Following an alleged breach, plaintiff sued defendants, alleging causes of action for breach of written loan documents, breach of security agreement, replevin, foreclosure of security interest, common counts, and breach of guaranty contract. Plaintiff moved for summary judgment.

DEFENDANTS' CONTENTIONS:
Prior to the hearing on plaintiff's motion, Scutelnicu filed for chapter 13 bankruptcy. Westbridge Construction contended that the automatic stay in Scutelnicu's bankruptcy case precluded the court from issuing a judgment against Westbridge Construction.

Result

The court's tentative ruling on BFS's motion for summary judge was to grant it, but Scutelnicu filed for bankruptcy. The court then ordered the parties to brief the issue. Ultimately, the court determined that it may still enter judgment against Westbridge Construction notwithstanding Scutelnicu's bankruptcy. The court entered judgment against Westbridge Construction.

Other Information

FILING DATE: March 18, 2016.