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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 In re LYDIA A. BALLIET HABENICHT and JAMES FREDERICK HABENICHT, 12 Debtors and Appellants 13 14 ) ) ) ) ) ) ) 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 15 had elected to file a new bankruptcy petition which mooted the appeal. ECF No. 4. The Court 16 finds that because this appeal is now moot due to Appellants’ new petition, good cause exists for 17 the dismissal of the appeal. Accordingly, Appellants’ motion to dismiss this bankruptcy appeal is 18 GRANTED. The Clerk shall close the file. 19 IT IS SO ORDERED. 20 Dated: December 7, 2012 _________________________________ LUCY H. KOH United States District Judge 21 22 23 24 25 26 27 28 1 Case No.: 12-CV-03667-LHK ORDER DISMISSING BANKRUPTCY APPEAL

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