In re: HomeBanc Mortgage Corporation, et al.

Filing 9

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 6/28/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: HomeBanc Mortgage Corporation et al.
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GEORGE L. MILLER, CHAPTER 7
TRUSTEE FOR THE ESTATE OF
HOMEBANC CORP.,.
Appellant,
v.
BEAR STERNS & CO., INC., BEAR
STERNS INTERNATIONAL LTD., AND
STRATEGIC MORTGAGE
OPPORTUNITIES REIT INC.,
Appellees.

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C. A. No. 13-1064
Bankruptcy Case No. 09-11079-KJC
ADV No. 07-51740 (KJC)
BAP No. 13-48

RECOMMENDATION
At Wilmington this 28th day of June, 2013.
WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern
Mediation of Appeals from the United States Bankruptcy Court for this District dated
September 11, 2012, the court conducted an initial review, which included information from
counsel, to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, the issues mediation
at this stage would not be a productive exercise, a worthwhile use of judicial resources nor
warrant the expense of the process.

Previous attempts at mediation have been

unsuccessful.
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a)
Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for

this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral
for mediation and proceed through the appellate process of this Court. The parties are
advised of their right to file objections filed to this Recommendation pursuant to 28 U.S.C.
§ 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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