Mantiply v. Horne et al
Filing
74
ORDER denying 56 Motion for Disbursement of Funds. Signed by Senior Judge Charles R. Butler, Jr on 4/8/2014. (adk)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
In
Re:
)
)
RICHARD
D.
HORNE
and
)
PATRICIA
NELSON
HORNE,
)
)
Debtors,
)
)
MARY
BETH
MANTIPLY,
)
)
CIVIL
ACTION
NO.
13-‐00258-‐CB-‐B
Plaintiff/Appellant,
)
)
v.
)
)
RICHARD
D.
HORNE
and
)
PATRICIA
NELSON
HORNE,
)
)
Defendants/Appellees.
)
ORDER
On
January
9,
2014,
Appellees
filed
a
motion
requesting
this
Court
to
direct
the
bankruptcy
court
clerk
to
pay
over
the
supersedeas
bond
posted
by
the
Appellant
in
bankruptcy
court
when
Mantiply
filed
the
first
of
two
appeals.
(Doc.
56.)
Appellant
filed
an
objection
to
the
motion.
(Doc.
57.)
This
Court
does
not
instruct
the
bankruptcy
court
clerk
as
to
payment
of
funds
held
in
the
bankruptcy
court’s
registry.
That
is
the
function
of
the
bankruptcy
court.1
Accordingly,
the
motion
is
DENIED.
DONE
and
ORDERED
this
the
8th
day
of
April,
2014.
s/Charles
R.
Butler,
Jr.
Senior
United
States
District
Judge
1
Even
this
Clerk
were
inclined
to
issue
direct
orders
to
the
bankruptcy
clerk,
it
would
not
be
appropriate
here.
Appellee’s
motion
is
premised
on
the
mistaken
belief
that
final
judgment
had
been
entered
with
respect
to
the
first
appeal.
It
had
not.
The
Court’s
opinion
had
been
entered,
but
the
rules
require
a
separate
judgment.
See
Fed.
R.
Bankr.
R.
8016(a)
(clerk
of
court
for
district
court
or
Bankruptcy
Appellate
Panel
prepares
and
signs
judgment).
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