naked assertion[s] devoid of further factual enhancement.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (alteration in original) (citations and internal quotation marked omitted). II. The Automatic Stay Under § 362(a), the filing of a bankruptcy petition “operates as a stay, applicable to all entities, of ... the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was ... commenced before the commencement of the ease....” 11 U.S.C. § 362 (emphasis added). In other words, the automatic stay only applies when the action is “against” the debtor. Koolik v. Markowitz, 40 F.3d 567, 568 (2d Cir.1994). “The § 362 stay provision ‘does not address actions brought by the debtor which would inure to 11008, at *1 (D.N.M. June 8, 2005) (<HOLDING>); Dean Witter, 20 F.Supp.2d at 499 (holding
holding debtor could cure after the debtor had previously made payments to the bank holding that an answer that asserts a counterclaim against a plaintiff who then becomes a bankruptcy debtor is an action or proceeding against the debtor within the meaning of  362a1 notwithstanding the fact that the debtor initiated the lawsuit holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor holding that a lawsuit against a corporation that purchased assets from a bankrupt is not a claim against the debtor