In Re: Naeem Ahmad

Filing 1

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

UNITED STATES BANKRUPTCY APPELLATE PANEL

FILED
Mar 09, 2016

OF THE NINTH CIRCUIT
In re:
NAEEM AHMAD,
Debtor.

NAEEM AHMAD,
Appellant,

v.
JOHN R. ROBERTS, Chapter 7
Trustee; BAYVIEW LOAN
SERVICES, LLC; UNITED STATES
TRUSTEE,
Appellees.

Before:

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

BAP No.

EC-15-1303

Bk. No.

14-28936

USDC No. 2:16-mc-0049 JAM KJN (BK)(PS)

ORDER TRANSFERRING IFP MOTION
TO DISTRICT COURT

TAYLOR and KURTZ, Bankruptcy Judges.

Appellant 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.

A certification was

made by the trial court, indicating that, "appellant is not
proceeding in good faith within the meaning of 28 U.S.C.
§ 1915(a)(3)."

Bankruptcy Court Certification at 3.

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 Wednesday, February 10, 2016, 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
appellants have 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, the bankruptcy
court certification and the order on appeal are attached to this
order.
Appellant must file the opening brief and excerpts of the
record no later than TWENTY-ONE days after entry of an order by
the district court regarding appellant's IFP motion.
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.
2.

9th Cir. BAP R. 8018(a)-

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UNITED STATES BANKRUPTCY COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re: NAEEM AHMAD,

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Debtor.)

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No. 14-28936-C-7

______________________)

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CERTIFICATION THAT APPEAL NOT TAKEN IN GOOD FAITH
FOR PURPOSES OF 28 U.S.C. § 1915(a)(3)

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The Bankruptcy Appellate Panel of the Ninth Circuit has

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received a request that an appeal filed by debtor Naeem Ahmad be

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allowed to proceed in forma pauperis under 28 U.S.C. § 1915 in

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its appeal BAP No. EC-15-1303.

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The question is whether the United States and its taxpayers
should bear certain costs ordinarily borne by an appellant.
If the trial court certifies in writing that an appeal is

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not taken in good faith, then in forma pauperis status under 28

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U.S.C. § 1915 is not permitted.

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has posed the good faith question to this trial court.

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Accordingly, the appellate panel

While Mr. Ahmad is entitled to take his appeal, this court

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is persuaded that it is not taken in “good faith” within the

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meaning of 28 U.S.C. § 1915(a)(3) for the following reasons.

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Mr. Ahmad has an established pattern of inappropriate

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Case 14-28936 Filed 12/07/15 Doc

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activity in the bankruptcy court.

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adversary proceeding filed in this court as United States Trustee

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v. Naeem Ahmad, No. 14-02275, Mr. Ahmad has filed seven

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bankruptcy cases in this court since October 2008: No. 08-34278-

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D-13 (10/3/08); 08-38325-D-13 (12/10/08); 09-20938 (1/21/09); 11-

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32569-B-13 (5/20/11); 11-48290-B-13 (12/6/11); 12-25027-B-11

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(3/15/12); and 14-28936-C-7 ((9/3/14).

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As established in the

Each of the seven cases has resulted in dismissal for
material failures of the debtor to perform the debtor’s statutory

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duties, including failure to file accurate schedules and not

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appearing at the meeting of creditors.

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second through the seventh cases, he falsely stated under penalty

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of perjury that he had not had previous bankruptcy cases.

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has included in his schedules some $1,950 in unpaid bankruptcy

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case filing fees accumulated in prior cases, as well as unpaid

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quarterly chapter payments owed to the United States trustee

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program from case No. 12-25027.

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In the petitions in the

Nor

The record established by the debtor in the current case,

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No. 14-28936, is not consistent with a good faith effort by the

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debtor to obtain bankruptcy relief.

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The judgment rendered in adversary proceeding 14-02275

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denied the debtor’s discharge and enjoined the debtor from filing

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another bankruptcy case for a period of five years.

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It is also relevant that the debtor’s twin brother, Nadeem

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Ahmad, who also has the same address as the debtor in this case,

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has filed four bankruptcy cases in this district during the time

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that Naeem Ahmad has been filing cases: No. 09-34084-B-7

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(10/26/09); 09-45504-C-7 (11/20/09); 10-48915-B-7 (10/30/10); and

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10-51217-C-7 (11/29/10).

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The two brothers have appeared together from time to time in

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this court in a fashion in which it is apparent that they are

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acting in concert.

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Under all the circumstances, and regardless of any potential

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merit of the appeal, this trial court is persuaded that the

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taxpayers should not be required to bear the expenses attendant

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to an in forma pauperis proceeding because the appellant is not

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proceeding in good faith within the meaning of 28 U.S.C.

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§ 1915(a)(3).

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appeal, the United States and its taxpayers should not bear the

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expense of the appeal.

While the appellant is entitled to take his

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PACER fee: Exempt
General Docket
U. S. Bankruptcy Appellate Panel for the Ninth Circuit
Bankruptcy Appellate Panel Docket #: 15-1303
Naeem Ahmad v. John Roberts, et al
Appeal From: California Eastern - Sacramento
Fee Status: fee due

Docketed: 09/09/2015

Case Type Information:
1) Bankruptcy
2) Chapter 7 Non-Business
3) null
Originating Court Information:
District: 0972-2 : 14-28936
Trial Judge: Christopher M Klein, Chief Bankruptcy Judge
Date Filed: 09/03/2014
Date Order/Judgment:
Date NOA Filed:
08/21/2015
09/03/2015
Prior Cases:
15-1099 Date Filed: 03/31/2015

Date Disposed: 05/21/2015

Date Rec'd BAP:
09/08/2015

Disposition: Dismissed; Judge order

Current Cases:
None
Panel Assignment:

Not available

In re: NAEEM AHMAD
Debtor
-----------------------------NAEEM AHMAD
Appellant

Naeem Ahmad
[NTC Pro Se]
Firm: 916/230-5973
9352 Oreo Ranch Circle
Elk Grove, CA 95624

v.
JOHN R. ROBERTS, Chapter 7 Trustee
Appellee

John R. Roberts
Direct: 530-626-4732
[NTC Pro Se]
P.O. Box 1506
Placerville, CA 95667

BAYVIEW LOAN SERVICES, LLC
Appellee

Edward G. Schloss, Attorney
Direct: [phone]
[COR LD NTC Retained]
EDWARD G. SCHLOSS LAW CORPORATION
Ste. 220
3637 Motor Ave.
Los Angeles, CA 90034-0000

UST- UNITED STATES TRUSTEE, SACRAMENTO
Appellee

Antonia G. Darling, Esquire
Direct: 916-930-2100
[COR LD NTC US Attorney]
OFFICE OF U.S. TRUSTEE
Suite 7-500
501 "I" Street
Sacramento, CA 95814

In re: NAEEM AHMAD
Debtor
-----------------------------NAEEM AHMAD
Appellant
v.
JOHN R. ROBERTS, Chapter 7 Trustee; BAYVIEW LOAN SERVICES, LLC; UST- UNITED STATES TRUSTEE, SACRAMENTO
Appellees

09/09/2015

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09/11/2015

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3 pg, 96.31 KB

09/11/2015

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4 pg, 50.47 KB

09/11/2015

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2 pg, 58.64 KB

10/09/2015

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2 pg, 44.44 KB

Received notice of appeal filed in Bankruptcy Court on 09/03/2015, notice of referral, transmittal form and
order on appeal. (VJ) [Entered: 09/09/2015 02:44 PM]
Notice to all parties and Bankruptcy Court RE: BAP Case number assigned: EC-15-1303. Sent Bankruptcy
Record Request Form to Bankruptcy Court. (VJ) [Entered: 09/11/2015 09:27 AM]
Sent BRIEFING ORDER & NOTICE to appellant Naeem Ahmad. Copies to all parties. Appellant Naeem
Ahmad's opening brief due 10/26/2015. (VJ) [Entered: 09/11/2015 09:39 AM]
Notice of Deficiency sent to Appellant RE: Filing/ docketing fee not paid. for lack of prosecution. Re:
Response Due: 09/25/2015. cc: All parties. (VJ) [Entered: 09/11/2015 09:46 AM]
Order of Dismissal filed (Deputy Clerk: vjw), DISMISSED for lack of prosecution. Re: Filing/ docketing fee
not paid ; [EOD] Date: 10/09/2015. (VJ) [Entered: 10/09/2015 09:01 AM]

10/09/2015

6

CLOSED: Case closed: Default;Procedural termination without judicial action; 10/09/2015 15-1303 9th BAP
Rule 8018(a)-2; dismissal; Clk O. (VJ) [Entered: 10/09/2015 09:48 AM]

10/15/2015

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Filed 9/28/15 original of Appellant Naeem Ahmad's motion for fee waiver ; served on ( No pos). (VJ)
[Entered: 10/15/2015 09:35 AM]

8 pg, 199.49 KB

11/03/2015

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2 pg, 41.64 KB

11/20/2015

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7 pg, 127.37 KB

12/02/2015

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3 pg, 46.47 KB

12/08/2015

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3 pg, 52.84 KB

01/13/2016

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16 pg, 330.56 KB

03/08/2016

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16 pg, 330.56 KB

Filed order (TAYLOR, FARIS and JURY); This appeal is hereby ORDERED REINSTATED. No later than
Tuesday, November 17, 2015, appellant must file with the BAP and serve on opposing counsel a written
response indicating that a statement of issues, a designation of record, and a notice re transcripts have all
been filed at the bankruptcy court. ;. (see attached order) (VJ) [Entered: 11/03/2015 11:43 AM]
Filed Appellant Naeem Ahmad's original, response to order filed on 11/03/2015; copy of Designation of
record , Statement of issues and Notice of transcripts Hearing dates: 1/28/15, 6/24/15 and 7/7/15. ( copy
filed in Bk.Ct 11/17/15) (VJ) [Entered: 11/24/2015 11:14 AM]
Filed Clerk's Notice sent to Hon. Christopher M. Klein. On 12/15/15, the Panel will forward the request for
IFP to the U.S. District Court for its consideration. An appeal may not be taken IFP if the trial court certifies
in writing that is is not taken in good faith. This Clerk's Notice is being issued to allow the trial court the
oppertunity to "certify in writing that (the appeal) is not taken in good faith". (PI) [Entered: 12/02/2015 02:06
PM]
Received from Bankruptcy Court copy of Certification that Appeal Not Taken in Good Faith for Purposes of
28 U.S.C. Section 1915(a)(3) filed in Bk. Ct. 12/07/2015. (VJ) [Entered: 12/08/2015 11:16 AM]
Filed order (TAYLOR and KURTZ); 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. No
later than Wednesday, February 10, 2016, 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 appellants have taken to have the IFP Motion considered by the
district court. Appellant must file the opening brief and excerpts of the record no later than TWENTY-ONE
days after entry of an order by the district court regarding appellant's IFP motion. (VJ) [Entered: 01/13/2016
12:51 PM]
Re-Sent document to Sacramento District Court re:TRANSFERRED to the United States District Court for
the Eastern District of California for the limited purpose of ruling on the IFP Motion. (VJ) [Entered:
03/08/2016 12:22 PM]

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