ORDER DENYING 13 Request (MOTION) to transfer venue filed by Robert Lee Samulak. Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
ROBERT LEE SAMULAK,
Case No. 17-13771
Bankruptcy Case No. 16-51819
ROBERT LEE SAMULAK,
CARRINGTON MORTGAGE SERVICES, LLC,
ORDER DENYING MOTION TO TRANSFER VENUE
This is a bankruptcy appeal. Currently before the court is Appellant Robert Lee
Samulak’s “Request for Clarification of Venue.” (Dkt. #13.) In his request, Appellant
notes that the heading on the court’s most recent order (Dkt. #12) lists this court as the
Eastern District of Michigan Southern Division. Appellant, however, “elected that the
instant case be heard before the [Bankruptcy Appellate Panel].” (Dkt. #13 Pg. ID 46.)
He asks that if the case is being heard in the Eastern District of Michigan Southern
Division (as it is), that it be “remanded” to the Bankruptcy Appellate Panel as requested.
The court construes Appellant’s request as a motion to transfer venue.
Appellant is correct that the Sixth Circuit has established a Bankruptcy Appellate
Panel pursuant to 28 U.S.C. § 158(b)(1). A Bankruptcy Appellate Panel, where
established, may hear appeals from certain bankruptcy cases under the supervision of
the court of appeals.
But the Sixth Circuit’s establishment of a Bankruptcy Appellate Panel does not
automatically entitle parties to have their case heard before that panel. Under 28 U.S.C.
§ 158(b)(6), the Bankruptcy Appellate Panel may not hear bankruptcy appeals “unless
the district judges for the district in which the appeals occur, by majority vote, have
authorized such service to hear and determine appeals originating in such district.” The
Eastern District of Michigan has not authorized the Bankruptcy Appellate Panel to hear
bankruptcy appeals originating in this district. Appellant’s appeal is therefore properly
before this court. Accordingly,
IT IS ORDERED that Appellant’s motion to transfer venue (Dkt. #13) is DENIED.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: January 11, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 11, 2018, by electronic and/or ordinary mail.
Case Manager and Deputy Clerk
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