Thomas v. PCF Investments

Filing 20

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. The parties should address any request for entry of a briefing schedule to the assigned District Judge in this matter. Signed by Judge Christopher J. Burke on 4/22/2024. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

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PCF INVESTMENTS INC.
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aka PCF PROPERTIES IN TEXAS, LLC,
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Alleged Debtor.
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_____________________________________ )
ELIZABETH THOMAS,
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Appellant,
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v.
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PCF INVESTMENTS
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aka PCF PROPERTIES IN TEXAS, LLC,
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Appellee.
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_____________________________________ )

Chapter 7
Bankruptcy Case No.: 23-10378 (TMH)
Bankr. BAP No. 23-0055

Civil Action No. 23-1047-CFC

ORDER
At Wilmington, Delaware, this 22nd day of April 2024;
WHEREAS, pursuant to Section 1 of the Procedures to Govern Mediation of Appeals
from the United States Bankruptcy Court for this District (“Procedures”), dated July 19, 2023,
the Court conducted an initial review of this matter, including having gathered information from
the parties and their counsel, in order to determine the appropriateness of mediation for the case;
WHEREAS the parties do not agree as to whether or not mediation would be helpful, and
in light of the correspondence received in response to the Court’s order of March 13, 2024, the
Court does not believe that mediation would be helpful at this stage;
THEREFORE, pursuant to Section 1 of the Procedures, the Court determines that
mediation is not appropriate in this matter and recommends that the assigned District Judge issue

an order withdrawing the matter from mediation. The parties should address any request for
entry of a briefing schedule to the assigned District Judge in this matter.

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE