Malizia v. Joseph, Chapter 13 Trustee
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/19/16. (cak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHARLES ANTHONY MALIZIA
CHARLES ANTHONY MALIZIA,
MICHAEL B. JOSEPH, et al.,
Case No. 16-11199 (BLS)
BAP No. 16-00037
C. A. No. 16-618-GMS
At Wilmington this 19th day of September , 2016.
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, a teleconference was held on Thursday, September 15, 2016
an initial review and discussion with the pro se appellant and counsel for appellees to
determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, the issues involved
in this case are not amenable to mediation and mediation at this stage would not be a
productive exercise, a worthwhile use of judicial resources nor warrant the expense of the
This matter involves a loan issued in 2007 and has been in default for awhile, which
resulted in appellee M&T instituting foreclosure proceedings. Presently, a foreclosure
proceeding is scheduled to occur on Tuesday, September 20, 2016. Appellant has filed
repeated bankruptcy proceedings close to the time when prior sheriff sales had been
scheduled to occur. This appears to be at least the third such filing by appellant. Although
appellant claims he may have found a lender to refinance his debt, according to appellee
M&T, appellant had made similar claims before and the refinancing failed to materialize,
with appellant filing bankruptcy on the eve of the foreclosure. Appellee M&T intends to
proceed with the sheriff sale this week, in part because appellant has been in default on
his debt since 2014 and his repeated conduct in filing for bankruptcy. Appellant claims that
he seriously attempted to market the property, which is beach property located in Sussex
County, in April 2016. What prior efforts he made before foreclosure is unknown.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 were
informed during the teleconference of their option to file objections 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
Chief U.S. Magistrate Judge Mary Pat Thynge
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