Balliet Habenicht et al v. Office of the U.S. Trustee/SJ

Filing 6

ORDER by Judge Lucy H. Koh granting 3 Motion to Dismiss; granting 4 Motion to Dismiss (lhklc2, COURT STAFF) (Filed on 12/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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In re LYDIA A. BALLIET HABENICHT and
JAMES FREDERICK HABENICHT,

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Debtors and Appellants
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Case No.: 12-CV-03667-LHK
ORDER DISMISSING BANKRUPTCY
APPEAL

On August 24, 2012, Appellants filed a motion to dismiss this appeal, explaining that they
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had elected to file a new bankruptcy petition which mooted the appeal. ECF No. 4. The Court
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finds that because this appeal is now moot due to Appellants’ new petition, good cause exists for
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the dismissal of the appeal. Accordingly, Appellants’ motion to dismiss this bankruptcy appeal is
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GRANTED. The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: December 7, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-03667-LHK
ORDER DISMISSING BANKRUPTCY APPEAL