Butler v. Household Mortgage Services, Inc.

Barnes, Judge.

Michael B. Butler appeals the trial court’s dismissal of his breach of contract action for lack of subject matter jurisdiction, following the defendant mortgage companies’ suggestion of bankruptcy. Because the evidence fails to show that Butler’s action was preempted by federal bankruptcy law, we reverse. However, we affirm the trial court’s grant of an extension of time to respond to Butler’s motions for summary judgment, sanctions, and discovery requests.

In 1995, Butler filed a bankruptcy petition, which under 11 USC § 541 automatically stayed any claims against property of…