Reynolds v. Swedelius

Filing 10

ORDER denying 2 Pltf's Motion for TRO Staying Enforcement Pending Appeal, signed by Judge Morrison C. England Jr. on 6/7/07. (Kastilahn, A)

(PS) Reynolds v. Swedelius

Doc. 10

Case 2:07-cv-01070-MCE-GGH

Document 10

Filed 06/07/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 KATHRYN REYNOLDS 15 Appellant, 16 v. 17 JESSICA SWEDELIUS, 18 19 20 21 22 23 24 25 26 27 28 On June 5, 2007, Appellant Kathryn Reynolds ("Appellant") filed an action in this Court concerning enforcement of a levy against some $38,000 held in an escrow account. Appellee Jessica Appellee. _____________________________/ ORDER In re: KATHRYN REYNOLDS, NO. 2:07-cv-1070-MCE-GGH PS Debtor, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Swedelius' attempt to execute against that escrow account prompted Appellant to move for a temporary restraining order in Bankruptcy Court, where Appellant claims she obtained a discharge in Chapter 7 bankruptcy proceedings. ///

Dockets.Justia.com

Case 2:07-cv-01070-MCE-GGH

Document 10

Filed 06/07/2007

Page 2 of 2

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The Bankruptcy Court denied Appellant's request in that regard, and Appellant appealed that decision before the Bankruptcy Appeals Panel ("BAP"). Despite Appellant's resort to the

auspices of the BAP in seeking relief from what appears to be imminent execution against the escrow account, and despite Appellant's admission in her Emergency Motion for a Temporary Restraining Order (filed concurrently with her Complaint in this Court) that she filed a "similar" Motion with BAP on June 4, 2007, Plaintiff nonetheless asks this Court to intervene on an emergency basis, ex parte, in an action already before BAP. Appellant, having already elected to proceed before BAP, must request from BAP any equitable relief sought in this matter, including the instant request for temporary restraining order. It appears that Plaintiff has already made that request through papers filed with BAP the day before she asked this Court to also issue a temporary restraining order. Plaintiff's Motion for

Temporary Restraining Order Staying Enforcement Pending Appeal is accordingly DENIED. IT IS SO ORDERED. Dated: June 7, 2007

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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