In Re Gloria Dean Wells
ORDER GRANTING APPELLANTS EX PARTE APPLICATION 10 by Judge Otis D. Wright, II: The Clerk shall transfer this matter to the Ninth Circuit Bankruptcy Appellate Panel, Case No. CC-16-1319, for further proceedings. Ninth Circuit Bankruptcy Appellate Panel, Case No. CC-16-1319. MD JS-6. Case Terminated. (lc)
United States District Court
Central District of California
Case № 2:16-cv-8003-ODW
GLORIA DEAN WELLS,
U.S.B.C. Case No.: 2:15-bk-27834
B.A.P. Case No.: CC-16-1319
ORDER GRANTING APPELLANT’S
EX PARTE APPLICATION 
On December 8, 2016, Appellant/Creditor Michael Griffith, appearing pro se,
filed an ex parte application seeking to transfer this matter back to the Ninth Circuit’s
Bankruptcy Appellate Panel. (ECF No. 10.) Griffith’s original Notice of Appeal
contained the statement, “COME NOW, Michael Griffith; and Appeal to the District
Court: from an Order: entered for the Debtor Gloria Dean Wells, and against the
Creditor; Michael Griffith . . . .” (ECF No. 1.) A three-judge panel of the BAP
construed this as a “timely and effective” election to have the appeal heard by the
district court, 28 U.S.C. § 157(c)(1), and sua sponte transferred the matter to this
Court. (ECF No. 8.) Griffith now argues that his statement “Appeal to the District
Court” was in error, and that he actually intended to state that he was appealing “from
the United States Bankruptcy Court of the California-Central District.” (ECF No. 10
(emphases added).) Griffith gave notice to Appellee/Debtor Gloria Dean Wells of this
application by: (1) informing Wells’ counsel by both phone and through the CM/ECF
System;1 and (2) serving a copy of the application by overnight mail on Wells’ last
known address. Wells has not submitted a timely opposition to the application.
Pursuant to the Local Rules governing bankruptcy appeals, a party may move
“to withdraw the election for the bankruptcy appeal to be heard by the district court
and to refer the matter to the Bankruptcy Appellate Panel.” C.D. Cal. Local Bankr.
Rule 5.2. Neither the Local Rules nor the Federal Rules of Bankruptcy Procedure
appear to state a standard for granting such a motion. Nonetheless, the Court sees no
reason not to grant the motion absent prejudice to the other party or bad faith on the
part of the movant. The Court concludes that nothing on the face of Griffith’s
application shows either prejudice or bad faith. Moreover, any argument Wells may
have that the application either caused her prejudice or was brought in bad faith is
waived by her failure to file a timely opposition. C.D. Cal. L.R. 7-12. Thus, the
Court GRANTS Griffith’s Application. (ECF No. 10.) The Clerk shall transfer this
matter to the Ninth Circuit Bankruptcy Appellate Panel, Case No. CC-16-1319, for
IT IS SO ORDERED.
December 21, 2016
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
Debtor’s counsel apparently informed Griffith that they were no longer representing Debtor in
this appeal. Nevertheless, they have not withdrawn as counsel of record in this appeal, and thus
notice and/or service on them is adequate. Fed. R. Bankr. P. 8011(b).
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