In re: Avery

Filing 11

ORDER. ORDERED that Ms. Summerrain shall make monthly payments in the amount of $100.00 by the tenth day of each month, commencing July 10, 2012. ORDERED that Ms. Summerrain must refer to In re Kennedy, 06-16033-EEB, on each monthly payment. ORDERED that Ms. Summerrain is prohibited from preparing any bankruptcy petitions consistent with the Bankruptcy Courts prior orders. ORDERED that the Clerk of the Court shall serve this Order on Ms. Summerrain along with all future filings. ORDERED that the Clerk of the Court shall amend thecase caption to reflect Ms. Summerrains current mailing address by Chief Judge Wiley Y. Daniel on 06/11/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 12-cv-00229-WYD
IN RE: GEORGE LESTER AVERY,
Debtor,

IN RE: LARREL KENNEDY and
KORI LEIGH KENNEDY,
Debtors,

IN RE: WILLIAM T. CARR and
CATHERINE A. CARR,
Debtors.

ORDER

This matter came before the Court for a status conference on June 11,
2012. By way of background, on March 23, 2012, I granted the United States
Trustee’s Motion for the Withdrawal of the Reference of this matter and
transferred consideration of further sanctions against Shariann Summerrain from
the United States Bankruptcy Court to the United States District Court. The
Bankruptcy Court issued a Report and Recommendation, which both detailed the
lengthy case history and asserted the inadequacy of civil remedies available to
that court.
The United States Trustee’s motion sought the withdrawal of the reference
for this Court’s consideration of additional sanctions, including criminal contempt,

against Shariann Summerrain for her continued violations of 11 U.S.C. § 110 and
the Bankruptcy Court’s 2007 injunction against Summerrain which, inter alia,
prohibits her from acting as a bankruptcy petition preparer.1 The Bankruptcy
Court’s Report recommended the withdrawal of the reference for this purpose.
Following my withdrawal of the reference of this matter, on April 10, 2012,
I held an initial status conference.2 Prior to entering any further orders in this
case, on April 19, 2012, I received a letter from Ms. Summerrain refuting many of
the Bankruptcy Court’s allegations contained in the Report and
Recommendation. Accordingly, I set the June 11, 2012 status conference and
ordered both a representative from the United States Trustee’s Office and Ms.
Summerrain to personally appear. All parties appeared along with Ms.
Summerrain’s husband, Todd Brewer.
For reasons stated on the record at the conference and set forth below, I
find that Ms. Summerrain owes the United States Bankruptcy Court $7750.00 in
fines and penalties based on her violations of court orders from 2001-2011. I
also find that at the June 11, 2012 conference, Ms. Summerrain stated on the
record, that in order to repay her fines/penalties, she would remit $100.00 on the
tenth day of every month, commencing July 10, 2012, to:
The Clerk of the United States Bankruptcy Court
721 19th Street
Denver, CO 80202

1

The course of conduct addressed by the Bankruptcy Court’s Report and Recommendation
spans a ten year period from 2001 to 2011.
2

A representative from the United States Trustee’s Office appeared at the April 10, 2012
conference, but Ms. Summerrain did not appear. However, it is unclear whether Ms. Summerrain
received notice of the April 10, 2012 status conference.

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Accordingly, it is
ORDERED that Ms. Summerrain shall make monthly payments in the amount
of $100.00 by the tenth day of each month, commencing July 10, 2012, to
The Clerk of the United States Bankruptcy Court
721 19th Street
Denver, CO 80202
It is FURTHER ORDERED that Ms. Summerrain must refer to In re
Kennedy, 06-16033-EEB, on each monthly payment. Should Ms. Summerrain
be unable to make a monthly payment, she is ordered to file a pleading with me
prior to the monthly deadline. As I stated at the conference, after a sufficient
period of time elapses, should Ms. Summerrain make regular, timely payments to
the Bankruptcy Court, I will entertain a motion for relief or modification from future
payments. It is
FURTHER ORDERED that Ms. Summerrain is prohibited from preparing
any bankruptcy petitions consistent with the Bankruptcy Court’s prior orders. It is
FURTHER ORDERED that should Ms. Summerrain fail to comply with my
orders set forth on the record at the June 11, 2012 conference and in this written
Order, I will refer this matter to the United States Attorney for possible criminal
contempt proceedings without further notice to Ms. Summerrain. It is
FURTHER ORDERED that the Clerk of the Court shall serve this Order on
Ms. Summerrain along with all future filings at the following address:
Ms. Shariann Summerrain
3107 West Colorado Avenue
No. 245
Colorado Springs, CO 80904

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It is FURTHER ORDERED that the Clerk of the Court shall amend the
case caption to reflect Ms. Summerrain’s current mailing address as set forth
above.
Dated: June 11, 2012

BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge

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