Ellis et al v. Ransel

Filing 18

OPINION AND ORDER: GRANTING 16 MOTION to Remand filed by J Richard Ransel; VACATING 9 the Opinion and Order and 10 Judgment previously entered in this case. Pursuant to the 2/13/2015 Order of the Seventh Circuit Court of Appeals ([17-3]), this matter is REMANDED to the United States Bankruptcy Court to consider and approve, if appropriate, the parties' settlement of the contested matter. ***Civil Case Terminated. Signed by Chief Judge Philip P Simon on 3/16/15. (jld)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
LETCHER BURGESS ELLIS, SR. and
LORI LYNN ELLIS,
Appellants,
v.
J. RICHARD RANSEL, Trustee,
Appellee.

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3:13CV690-PPS

OPINION AND ORDER
On January 30, 2014, I dismissed for lack of jurisdiction the appeal by bankruptcy
debtors Letcher Ellis, Sr. and his wife Lori, based on my determination that their appeal of the
bankruptcy judge’s order granting the Trustee’s motion to sell real estate was moot. [DE 9.]
During the pendency of the appeal to the Seventh Circuit, the parties mediated the matter and
reached terms of settlement. After obtaining a bankruptcy court ruling indicating an inclination
to consider and approve the settlement (an “Indicative Ruling” under Fed.R.App.P. 12.1(b)), the
Trustee filed a motion to remand, which the Seventh Circuit has granted, with instructions to
remand to the bankruptcy court. [DE 17 at 3.] Following the Court of Appeals’ remand to this
court, the Trustee has filed another motion requesting the remand of the case to the bankruptcy
court. [DE16.]
ACCORDINGLY:
The Trustee’s motion to remand [DE 16] is GRANTED.
The Opinion and Order [DE 9] and Judgment [DE 10] previously entered dismissing this
appeal are VACATED.

Pursuant to the February 13, 2015 Order of the Seventh Circuit Court of Appeals [DE 17
at 3], this matter is REMANDED to the United States Bankruptcy Court to consider and
approve, if appropriate, the parties’ settlement of the contested matter.
ENTERED: March 16, 2015.
s/ Philip P. Simon
CHIEF JUDGE
UNITED STATES DISTRICT COURT

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