In re Daniel Louis Reece and Kimberly Ann Reece

Filing 16

MINUTE (In Chambers): ORDER REMANDING TO BANKRUPTCY COURT by Judge Michael W. Fitzgerald: The Court REMANDS this case to the Bankruptcy Court for the limited purpose of resolving the parties dispute regarding the hearing transcripts. (MD JS-6. Case Terminated). (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 17-2288-MWF
Date: June 27, 2017
Title:
In Re Daniel Louis Reece and Kimberly Ann Reece
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Relief Deputy Clerk:
Cheryl Wynn

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers):

ORDER REMANDING TO BANKRUPTCY
COURT

Appellants previously claimed that transcripts from the Bankruptcy Court are
unavailable for the relevant hearings. The Court allowed Appellants to file a statement
of the evidence in lieu of the transcripts. Appellee has filed timely objections to that
statement, and states that transcripts are in fact available. In addition, Appellee asserts
that Appellants’ statement is an incorrect recollection of the hearings.
In these circumstances the Federal Rules of Bankruptcy Procedure command as
follows:
Statement of the Evidence When a Transcript is Unavailable.
If a transcript of a hearing or trial is unavailable, the
appellant may prepare a statement of the evidence or
proceedings from the best available means, including the
appellant's recollection. The statement must be filed within
the time prescribed by subdivision (a)(1) and served on the
appellee, who may serve objections or proposed amendments
within 14 days after being served. The statement and any
objections or proposed amendments must then be submitted
to the bankruptcy court for settlement and approval. As
settled and approved, the statement must be included by the
bankruptcy clerk in the record on appeal.
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CIVIL MINUTES—GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 17-2288-MWF
Date: June 27, 2017
Title:
In Re Daniel Louis Reece and Kimberly Ann Reece
Fed. R. Bankr. P. 8009(c) (emphasis added).
Accordingly, the Court REMANDS this case to the Bankruptcy Court for the
limited purpose of resolving the parties’ dispute regarding the hearing transcripts.
IT IS SO ORDERED.
Cc:

United States Bankruptcy Court;
Bankruptcy Appeal Panel

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CIVIL MINUTES—GENERAL
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