¶1Ronald C. Martin, pro se.
¶2David Arthur Hurlburt, Lafayette, for Scottsdale Ins. Co.
¶3P. Charles Calahan, pro se.
¶4Glenda Huddleston, New Iberia, for Landry & Shea.
¶5Before YELVERTON, THIBODEAUX and WOODARD, JJ.
*1137MOTION TO STAY
¶7THIBODEAUX, Judge.
¶8Defendant-Appellant, Scottsdale Insurance Company, has filed a motion to stay the proceedings in the above captioned appeal. On May 8, 1995, a final judgment was rendered in the trial court in favor of Landry & Shea, intervenor, against Ronald C. Martin, P. Charles Calahan and Scottsdale Insurance Company, jointly, severally and in solido. Judgment was also rendered in favor of Scottsdale Insurance Company and against Ronald C. Martin and P. Charles Calahan, jointly, severally and in solido, for full and complete indemnity for all amounts Scottsdale Insurance Company is obligated to pay to Landry & Shea.
¶9Appeals were filed by Scottsdale Insurance Company and P. Charles Calahan. On September 13, 1995, P. Charles Calahan filed a petition for bankruptcy under federal law. Based on P. Charles Calahan's filing of a petition for bankruptcy, defendant-appellant, Scottsdale Insurance Company, filed the instant motion to stay proceedings.
¶10The motion to stay is based upon the following pertinent portions of 11 U.S.C.A. Sec. 362.
(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, ... operates as a stay, applicable to all entities, of
(1) the commencement or continuation, including the issuance or employment of process, or 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;
¶11Based on the above provision, defendant-appellant seeks a stay of these proceedings.
¶12In Pitts v. Unarco Industries, Inc.,698 F.2d 313 (7th Cir.1983), the court stated, "The clear language of Section 362(a)(1) thus extends the automatic stay provision only to the debtor filing bankruptcy proceedings and not to nonbankrupt co-defendants." In the instant case, the stay relates only to P. Charles Calahan.
¶13Accordingly, defendant-appellant's motion to stay is granted as to the proceedings against P. Charles Calahan only.
¶14MOTION GRANTED AS TO PROCEEDINGS AGAINST P. CHARLES CALAHAN ONLY.