In Re: Larry and Nancy Tevis

Filing 1

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

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UNITED STATES BANKRUPTCY APPELLATE PANEL FILED OF THE NINTH CIRCUIT Jun 10, 2015 CLERK, U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA In re: LARRY TEVIS; NANCY TEVIS; Debtors. LARRY TEVIS; NANCY TEVIS, Appellants, v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS; JAN P. JOHNSON, Chapter 13 Trustee, Appellees. Before: ) BAP No. EC-15-1111 ) ) Bk. No. 04-26357-B13J ) ) Adv. No. 08-02004-B ) ) District Court No. 2:15-mc-0069 WBS KJN ) ) ) ) ) ) ORDER TRANSFERRING IFP MOTION ) ) ) ) ) ) ) PAPPAS and KIRSCHER, Bankruptcy Judges. Appellants filed a motion for leave to proceed in forma pauperis with respect to this appeal ("IFP Motion"). An order was issued by the BAP Clerk, 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, appellants' 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 appellants' 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, July 6, 2015, appellants 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 IFP Motion, and the order on appeal are attached to this order. Appellants must file the opening brief and excerpts of the record no later than Monday, July 20, 2015. 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. 9th Cir. BAP R. 8070-1. Case 08-02004 Filed 04/03/15 Doc 680 Case 08-02004 Filed 04/03/15 Doc 680 Case 08-02004 Filed 03/26/15 Doc 675 Case 08-02004 Filed 03/26/15 Doc 675

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