In Re: J. Pedro Zarate

Filing 1

ORDER from the Bankruptcy Appellate Panel TRANSFERRING the Appellant's IFP Motion to the US District Court for the limited purpose of ruling on the IFP Motion. (Donati, J)

UNITED STATES BANKRUPTCY APPELLATE PANEL

FILED

OF THE NINTH CIRCUIT
In re:
J. PEDRO ZARATE,
Debtor.

J. PEDRO ZARATE,
Appellant,

v.
UMPQUA BANK; GEOFFREY
RICHARDS, Trustee,
Appellees.

Before:

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Dec 04, 2014

BAP No.

EC-14-1371

Bk. No.

CLERK, U.S. DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

13-22346

CAED Case # 2:14-mc-0143 MCE KJN (PS)

ORDER TRANSFERRING IFP MOTION

PAPPAS and KURTZ, Bankruptcy Judges.

Appellant filed a motion for leave to proceed in forma
pauperis with respect to this appeal ("IFP Motion").

A Clerk's

Notice was issued by the BAP, giving the bankruptcy court the
opportunity to make a certification under 28 U.S.C. § 1915(a)(3)
regarding whether the appeal is frivolous.

No certification was

made by the trial court.
Under the holding of Perroton v. Gray (In re Perroton), 958
F.2d 889 (9th Cir. 1992) and Determan v. Sandoval (In re

Sandoval), 186 B.R. 490, 496 (9th Cir. BAP 1995), the Bankruptcy
Appellate Panel has no authority to grant or deny 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 Motion 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 Monday, January 5, 2015, appellant must file
with the Panel 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.
For the convenience of the district court, copies of the notice
of appeal, the order on appeal, and the IFP motion are attached
to this order.
Failure to comply with the requirements of this order may
result in dismissal of this appeal for lack of prosecution
without further notice to the parties.
8018(a)(2).

9th Cir. BAP R.

PACER fee: Exempt
General Docket
U. S. Bankruptcy Appellate Panel for the Ninth Circuit
Bankruptcy Appellate Panel Docket #: 14-1371
J. Zarate v. Umpqua Bank, et al
Appeal From: California Eastern - Sacramento
Fee Status: fee due
Case Type Information:
1) Bankruptcy
2) Chapter 7 Non-Business
3) null
Originating Court Information:
District: 0972-2 : 13-22346-C-7
Presiding Judge: Christopher M. Klein, U.S. Bankruptcy Judge
Date Filed: 02/22/2013
Date Order/Judgment:
Date NOA Filed:
07/09/2014
07/22/2014

Date Rec
07/24/201

Prior Cases:
None
Current Cases:
None
Panel Assignment:

Not available

In re: J. PEDRO ZARATE
Debtor
-----------------------------J. PEDRO ZARATE
Appellant

J. Pedro Zarate
Direct: 916-525-1257
[NTC Pro Se]
8192 Creek Estates Way
Sacramento, CA 95829

v.
UMPQUA BANK
Appellee

David Marvin Wiseblood, Esquire
Direct: 415-547-2700
[COR LD NTC Retained]
LAW OFFICES OF DAVID M. WISEBL
Suite 2000
601 Montgomery Street
San Francisco, CA 94111

GEOFFREY RICHARDS, Trustee
Appellee

Dana A. Suntag, Esquire, Attorney
Direct: 209-472-7700
[COR LD NTC Retained]
Herum Crabtree Suntag
Suite 222

5757 Pacific Avenue
Stockton, CA 95207

In re: J. PEDRO ZARATE
Debtor
-----------------------------J. PEDRO ZARATE
Appellant
v.
UMPQUA BANK; GEOFFREY RICHARDS, Trustee
Appellees

07/24/2014

1
8 pg, 206.13 KB

08/04/2014

2
3 pg, 98.04 KB

08/04/2014

3
3 pg, 49.45 KB

08/14/2014

4
2 pg, 58.06 KB

08/20/2014

5
11 pg, 260.85 KB

08/20/2014

6
1 pg, 36.04 KB

09/08/2014

7
10 pg, 237.79 KB

09/08/2014

8
1 pg, 22.29 KB

Received notice of appeal filed in Bankruptcy Court on 07/22/2014, and copy o
[Entered: 08/01/2014 04:11 PM]
Notice to all parties and Bankruptcy Court RE: BAP Case number assigned: EC
Record Request Form to Bankruptcy Court. (VJ) [Entered: 08/04/2014 10:03 A
Sent BRIEFING ORDER & NOTICE to appellant J. Pedro Zarate. Copies to all
Zarate's opening brief due 09/18/2014. (VJ) [Entered: 08/04/2014 10:14 AM]
Notice of Deficiency sent to Appellant RE: Filing/Docketing fee not paid (lack of
Response Due: 08/28/2014. cc: All parties. (VJ) [Entered: 08/14/2014 12:32 PM
Filed original and copies of Appellant J. Pedro Zarate's motion to extend time to
09/04/2014 w/ copy of declaration, points and authorities and proposed order; s
( Motion forwarded from Bk.Ct. filed 8/18/14 ) (VJ) [Entered: 08/20/2014 01:31
Filed order (Deputy Clerk: vjw) Motion to extend time to file ROA filed by J. Ped
9/4/14; dated: 08/20/2014. (Note: Filing fee due: 8/28/14) (VJ) [Entered: 08/20/
Filed ( Bk.Ct 9/4/14) original and copies of Party J. Pedro Zarate's 2nd motion e
appellant's Record on appeal until 09/18/2014; served on 9/4/14. (VJ) [Entered
Filed (9/2/14) original of Appellant J. Pedro Zarate's motion to proceed in forma
pos). (VJ) [Entered: 09/08/2014 10:41 AM]

2 pg, 14.05 KB

09/19/2014

09/23/2014

Filed order ( Clerk: sms) ; This Clerk’s Notice is being issued to allow the trial c
[y] in writing that [the appeal] is not taken in good faith” under 28 U.S.C. § 1915
( see attached order) (VJ) [Entered: 09/19/2014 01:35 PM]

10

Filed Document(s) by Appellant J. Pedro Zarate original copy of Designation of
and notice of transcripts filed at Bk.Ct. 9/18/14. (VJ) [Entered: 09/24/2014 09:5

9

24 pg, 619.96 KB

09/24/2014

11
10 pg, 207.19 KB

09/24/2014

12
1 pg, 36.02 KB

09/24/2014

13
268 pg, 6.75 MB

10/22/2014

14
6 pg, 863.96 KB

10/22/2014

15
60 pg, 10.63 MB

10/24/2014

16
37 pg, 684.46 KB

10/29/2014

17
1 pg, 34.14 KB

10/29/2014

18
5 pg, 239.34 KB

11/10/2014

Filed original and copies of Party J. Pedro Zarate's motion extending time to file
until 10/20/2014; served on 09/18/2014. (VJ) [Entered: 09/24/2014 10:12 AM]
Filed order (Deputy Clerk: vjw) Motion to extend time to file appellant's opening
Zarate is GRANTED. Appellant J. Pedro Zarate's opening brief due 10/20/2014
[Entered: 09/24/2014 10:13 AM]
ENTRY UPDATED. DOCKETING ERROR - WRONG CASE. --[Edited 09/24/20
09/24/2014 10:58 AM]
Filed original and copies of Appellant J. Pedro Zarate's motion for extension of
excerpts w/ Declaration in support of motion ; served on. (VJ) [Entered: 10/23/2
Received from Bankruptcy Court copy of Appellant's opening brief and excerpts
10/21/2014. (VJ) [Entered: 10/27/2014 01:01 PM]
Filed original and 4 copies, Appellant J. Pedro Zarate's opening brief with five e
volume; served on 10/20/2014 ; Appellee Geoffrey Richards and Umpqua Bank
11/10/2014. (VJ) [Entered: 10/27/2014 01:16 PM]
Filed order (Deputy Clerk: vjw) Motion to extend time to file appellant's opening
Zarate is GRANTED. Appellant J. Pedro Zarate's opening brief received 10/22/
Geoffrey Richards and Umpqua Bank's opening brief due 11/10/2014.; dated: 1
10/29/2014 10:52 AM]
Received from Appellant J. Pedro Zarate original and copies of document(s) re
appeal. (VJ) [Entered: 10/30/2014 01:59 PM]

19
27 pg, 180.57 KB

11/10/2014

20
15 pg, 279.21 KB

11/24/2014

21
10 pg, 890.6 KB

12/04/2014

22
8 pg, 1.56 MB

Filed (ECF) Attorney Mr. Dana A. Suntag, Esquire for Appellee Geoffrey Richa
on 11/10/2014 email - Attorney for Appellees: Suntag, Wiseblood; US mail - Ap
(DAS) [Entered: 11/10/2014 03:53 PM]
Filed (ECF) Attorney Mr. David Marvin Wiseblood, Esquire for Appellee Umpqu
served on 11/10/2014 email - Attorney for Appellees: Suntag, Wiseblood; US m
1371] (DMW) [Entered: 11/10/2014 05:29 PM]
Filed ( Bk.Ct ) original and 0 copies of Appellant J. Pedro Zarate's reply brief w/
11/24/2014. (VJ) [Entered: 12/02/2014 03:19 PM]
Filed order (PAPPAS and KURTZ); Appellant's IFP Motion is TRANSFERRED
the limited purpose of ruling on the IFP motion. No later than 1/5/15, appellant
which includes as an exhibit a copy of the district court's order on the IFP motio
steps appellant has taken to have the IFP motion considered by the district cou
11:24 AM]