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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46463 Judge Cote A LOUISIANA resident filed an action against New Commodore Cruise Lines Ltd., a Bermuda corporation, in the Eastern District of Louisiana, to recover for an injury she sustained while on a cruise. The Louisiana court granted defendant’s motion to transfer venue to New York and defendant later moved for summary judgment on the ground that plaintiff’s action was filed in violation of an automatic stay or because it is time-barred. Plaintiff contended that she was unaware of defendant’s bankruptcy proceedings and that defendant should be barred from using its bankruptcy as a defense because it affirmatively concealed the “bankruptcy issue” from plaintiff. The instant court granted defendant’s motion as time-barred, finding that plaintiff was aware that the automatic stay had been lifted since at least June 20, 2002 and that plaintiff had at most until July 20 to re-file her action in New York, but failed to do so and instead chose to pursue the void lawsuit in the Louisiana court.

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