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)
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:
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BAP No.
EC-15-1111
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Bk. No.
04-26357-B13J
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Adv. No. 08-02004-B
)
) District Court No. 2:15-mc-0069 WBS KJN
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ORDER TRANSFERRING IFP MOTION
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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.
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