In Re: Raj Singh

Filing 1

ORDER from the US Bankruptcy Appellate Panel ORDERING the appellant's motion TRANSFERRED to the US District Court for the limited purpose of ruling on the motion. (Owen, K)

(PS) In Re: Raj Singh

Doc. 1

F IL E D
AUG 24 2010
SUSAN M SPRAUL, CLERK
U . S . BKCY. APP. PANEL O F TH E N I N T H C I R C U I T

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT In re: ) ) RAJ SINGH, ) ) Debtor. ) ) ) RAJ SINGH, ) ) Appellant, ) ) v. ) ) LAWRENCE J. LOHEIT, Chapter 13 ) Trustee; UNITED STATES TRUSTEE;) KAREN SINGH, ) ) Appellees. ) ) Before: BAP No. Bk. No. Adv. No. EC-10-1290 10-28544 10-02231

FILED
Aug 24, 2010
CLERK, U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CAED No. 2:10-mc-0084 FCD EFB

ORDER TRANSFERRING IFP MOTION

HOLLOWELL, DUNN and PAPPAS, Bankruptcy Judges. On July 28, 2010,

This appeal has been judicially reviewed.

appellant filed a notice of appeal from the bankruptcy court's July 13, 2010 judgment dismissing the above-referenced adversary proceeding. Appellant filed a motion for leave to proceed in forma pauperis on July 28, 2010, which has been forwarded to the BAP. Under the holding of Perroton v. Gray (In re Perroton), 958 F.2d 889 (9th Cir. 1992) and Determan v. Sandoval (In re

16
Dockets.Justia.com

Sandoval), 186 B.R. 490, 496 (9th Cir. BAP 1995), the Bankruptcy Appellate Panel has no authority to grant in forma pauperis motions under 28 U.S.C. § 1915(a) because bankruptcy courts are not "court[s] of the United States" as defined in 28 U.S.C. § 451. Therefore, appellant's IFP Request is hereby TRANSFERRED to the United States District Court for the Eastern District of California for the limited purpose of ruling on the IFP Motion. It is appellant's responsibility to take all necessary steps to have the IFP Motion considered by the district court within a reasonable period of time. No later than THURSDAY, SEPTEMBER 23, appellant must file with the BAP and serve on opposing counsel a written response which includes as an exhibit a copy of the district court's order on the IFP Motion or an explanation of the steps appellant has taken to have the IFP Motion considered by the district court. briefing schedule will be issued concurrently with entry of this order. For the convenience of the district court, a copy of the notice of appeal, the order on appeal and the IFP Motion will be forwarded to the district court for consideration. A

2

17

2

3

4

5

6

7

8

9

10

U.S. Bankruptcy Appellate Panel of the Ninth Circuit
1 2 5 S o u th Grand Avenue, Pasadena, California 91105 Appeals from Central California [phone] Appeals from all other Districts [phone]

RE: RAJ SINGH Appellant: Raj Singh BAP No.: EC-10-1290 Bk. No.: 10-28544E-13L Adv. No.(s): 10-02231

OPENING LETTER Notice of Appeal in this case has been received by the Bankruptcy Appellate Panel (BAP) and assigned the case number above. For all BAP cases filed on or after March 31, 2010, electronic filing using the BAP's Case Management/Electronic Case Filing (CM/ECF) docketing system is mandatory for all attorneys. Please review the Administrative Order Regarding Electronic Filing in BAP Cases available on the BAP website www.bap9.uscourts.gov for further information. For non-attorneys, all papers filed with the BAP should be in the form of an original and three copies. The BAP docket and other court information is available through the National PACER system. http://www.bap9.uscourts.gov Enclosed are the 9th Cir. BAP Rules governing practice before the BAP. Appeals are also governed by Parts VIII and IX of the Federal Rules of Bankruptcy Procedure (F.R.B.P.), and some parts of the Federal Rules of Appellate Procedure (F.R.A.P.) See 9th Cir. BAP Rule 8018(b)-1. Pursuant to 9th Cir. Rule 8001(a)-1, please immediately send the BAP Clerk a copy of the signed and entered order or judgment being appealed if it was not attached to your notice of appeal. After a Notice of Appeal has been filed, the parties' next step in prosecuting this appeal is compliance with F.R.B.P 8006 and 8007, which require Appellant to file within 14 days in the bankruptcy court a designation of the record, statement of issues on appeal, and a notice regarding the ordering of transcripts. Under these rules Appellee may also file a supplemental designation of the record and order transcripts. The party ordering the transcripts must make satisfactory arrangements for payment of their costs.

13

Even if transcripts are not ordered, Appellant is required to file with the bankruptcy court a notice stating that none are required. See also 9th Cir. BAP R. 8006-1. The parties should note that the designation of the record under F.R.B.P. 8006 is a necessary procedural step in prosecuting an appeal and the parties may not later include in their excerpts of the record documents which have not been designated. The record and bankruptcy file remain with the Clerk of the bankruptcy court and the Panel reviews only those items which are reproduced and included in the excerpts of the record filed at the time of the briefs. While the Panel may call up the formal record, in practice this rarely occurs. Further, it is the parties' responsibility to monitor the appeal to ensure that transcripts are timely filed and the record is completed in a timely manner. Under F.R.B.P. 8007(a), the court reporter is required to file transcripts within 30 days of receipt of the parties' request, unless an extension has been granted. After the record is complete, the Clerk of the bankruptcy court will send a Certificate of Record, sometimes referred to as a Certificate of Readiness or Certificate of Transcripts, to the BAP Clerk. Appeals are set for hearing in the bankruptcy district from which the appeal arose whenever feasible. To expedite the appeal or if the parties feel argument is unnecessary, they may file a stipulation or motion to submit their appeal on the briefs and record, thereby waiving oral argument. The Panel will also consider stipulations requesting an alternative hearing location or hearing by telephone conference. Such motions should be filed at the earliest possible scheduled date, generally with the opening brief, as once a case has been scheduled for argument, continuance and request of change time and place are rarely granted. CERTIFICATE OF MAILING

The undersigned, deputy clerk of the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, hereby certifies that a copy of the document on which this certificate appears was transmitted this date to all parties of record to this appeal.

By: Vicky Jackson-Walker, Deputy Clerk Date: August 5, 2010

14

U.S. Bankruptcy Appellate Panel of the Ninth Circuit
1 2 5 S o u th Grand Avenue, Pasadena, California 91105 Appeals from Central California [phone] Appeals from all other Districts [phone]

To: Clerk, Sacramento Bankruptcy Court Debtor(s): RAJ SINGH BAP No.: EC-10-1290 Bk. Ct. No.: 10-28544E-13L INTERNAL Bk. Ct. NO.: ***

ADV. NO.: 10-02231

The Bankruptcy Appellate Panel has received and docketed the notice of appeal referenced in the attached transmittal. The BAP case number is indicated above for your information. If completion of the record has been delayed, please advise us as to the cause of the delay by completing the following checklist and sending a copy of this letter back to us: IF THE RECORD ON APPEAL IS COMPLETE, PLEASE SEND THE CERTIFICATE OF READINESS Susan M Spraul, BAP Clerk By: Vicky Jackson-Walker, Deputy Clerk Date: August 5, 2010
A) REASONS WHY THE RECORD HAS NOT BEEN COMPLETED. THE FOLLOWING ITEMS HAVE NOT BEEN FILED: [] [] [] [] [] No Filing Fees paid No Designation of Record No Statement of Issues No Notice Regarding the Transcript No Reporter's Transcript(s) Reporter name:__________________________________ phone:________________________________ Judge:__________________________________________ Transcript date(s):_____________________________ [] [] [] No Transcript Fees paid Extension of Time Granted to Reporter: New deadline:___________________________________ Other:__________________________________________

B) DEPUTY CLERK PROCESSING THIS APPEAL 1. Name:_________________________________________________ 2. Phone:________________________________________________ 3. Date:_________________________________________________

15

18

19

20

21

22

23

24

25

Court Home

Case Search

Calendar

Opinions

Orders/Judgments

Billing History

Court Information

XML

TXT

Logout

Help

General Docket U. S. Bankruptcy Appellate Panel for the Ninth Circuit Bankruptcy Appellate Panel Docket #: 10-1290 Raj Singh v. Lawrence Loheit, et al Appeal From: California Eastern - Sacramento Fee Status: fee due Case Type Information: 1) Bankruptcy 2) Chapter 13 Non-Business - Adv 3) null Originating Court Information: District: 0972-2 : 10-28544E-13L Trial Judge: Ronald H. Sargis, U.S. Bankruptcy Judge Date Filed: 04/02/2010 Date NOA Filed: Date Rec'd BAP: Date Order/Judgment: 07/13/2010 07/28/2010 08/02/2010 Prior Cases: None Current Cases: None Panel Assignment: In re: RAJ SINGH Debtor -----------------------------RAJ SINGH Appellant Raj Singh [NTC Pro Se] P.O. Box 162783 Sacramento, CA 95816 Not available Adversary Proceeding: 10-02231 Docketed: 08/05/2010

v. LAWRENCE J. LOHEIT Appellee Lawrence J. Loheit [NTC Pro Se] Po Box 1858 Sacramento, CA 95812-1858

UST- UNITED STATES TRUSTEE, SACRAMENTO Appellee KAREN SINGH Appellee Karen Singh [NTC Pro Se] P.O. Box 162783 Sacramento, CA 95816

In re: RAJ SINGH Debtor -----------------------------RAJ SINGH Appellant v. LAWRENCE J. LOHEIT; UST- UNITED STATES TRUSTEE, SACRAMENTO; KAREN SINGH Appellees

08/02/2010
6 pg, 862.18 KB

Received notice of appeal filed in Bankruptcy Court on 07/28/2010, notice of referral, transmittal form. (VJ) Received from Bankruptcy Court copy of Appellant's Designation of record, Statement of issues on appeal and Notice to proceed without reporter's transcript filed in Bk. Ct. 07/28/2010. (VJ) Filed original and 0 copies of Party Raj Singh for Appellant Raj Singh's motion to proceed in forma pauperis; served on No pos. (VJ) Notice to all parties and Bankruptcy Court RE: BAP Case number assigned: EC-10-1290. (VJ)

08/02/2010
3 pg, 378.82 KB

08/02/2010
2 pg, 405.5 KB

08/05/2010
3 pg, 78.4 KB

08/24/2010

Filed order (HOLLOWELL, DUNN and PAPPAS) Appellant's IFP Request is hereby TRANSFERRED to the United States District Court for the Eastern District of California for the limited purpose of ruling on the IFP Motion. No later than THURSDAY, SEPTEMBER 23, appellant must file with the BAP and serve on opposing counsel a written response which includes as an exhibit a copy of the district court's order on the IFP Motion or an explanation of the steps appellant has taken to have the IFP Motion considered by the district court. (VJ)
10 pg, 1.28 MB

08/24/2010

Order Transferring IFP Motion to Sacramento District Court: for the limited purpose of ruling on the IFP Motion. (VJ)

Clear All

Documents and Docket Summary Documents Only Include page numbers Selected Pages: 0 Selected Size: 0 KB

View Selected

PACER Service Center
Transaction Receipt
08/24/2010 14:25:24 PACER Login: Description: Billable Pages: us5194 Docket Report (full) 1 Client Code: Search Criteria: Cost: 10-1290 0.08