Schoenmann v. Torchia et al

Filing 7

ORDER ADOPTING RECOMMENDATION OF BANKRUPTCY JUDGE; DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION TO WITHDRAW REFERENCE, TO ABSTAIN, OR TO TRANSFER VENUE. Signed by Judge Maxine M. Chesney on February 19, 2013. (mmclc1, COURT STAFF) (Filed on 2/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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In re

No. C-13-0306 MMC

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SYNERGY ACCEPTANCE
CORPORATION,

[Case No. 11-31712 TEC
Adv. Proc. No. 12-3156 TEC]

Debtor.
___________________________________

ORDER ADOPTING
RECOMMENDATION OF BANKRUPTCY
JUDGE; DENYING WITHOUT
PREJUDICE DEFENDANTS’ MOTION TO
WITHDRAW REFERENCE, TO ABSTAIN,
OR TO TRANSFER VENUE

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E. LYNN SCHOENMANN, Trustee of the
Bankruptcy Estate of Synergy Acceptance
Corporation,
Plaintiff,

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v.
JAMES A. TORCHIA, et al.,
Defendants.

/

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Before the Court is defendants “Motion to Withdraw the Reference, to Abstain, or to

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Transfer Venue,” filed January 4, 2013 in the United States Bankruptcy Court, and

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transferred to district court pursuant to Rule 5011-2 of the Bankruptcy Local Rules of this

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District. Plaintiff has filed opposition, to which defendants have replied. Also before the

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Court is Bankruptcy Judge Thomas E. Carlson’s Recommendation Re Motion for

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Withdrawal of Reference, filed January 23, 2013 in the Bankruptcy Court and forwarded to

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district court pursuant to Rule 5011-2, in which Judge Carlson recommends withdrawal of

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the reference be deferred until after all pretrial proceedings are completed.
Having read and considered the papers filed in support of and in opposition to the

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motion, as well as the Recommendation, the Court hereby ADOPTS, for the reasons stated

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therein, the Recommendation in its entirety.

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Accordingly, the motion to withdraw the reference is hereby DENIED without

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prejudice to defendants’ renewing the motion after all pretrial proceedings are completed.1

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IT IS SO ORDERED.

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Dated: February 19, 2013
MAXINE M. CHESNEY
United States District Judge

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In light of the above ruling, defendants’ requests for abstention and/or for transfer
are hereby DENIED without prejudice to renewal before the Bankruptcy Court.
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