In Re: Estate of Mari L. Sturtevant

Filing 5

MEMORANDUM AND ORDER 3 MOTION to Consolidate Cases with bankruptcy case 15-20066 or refer to bankruptcy court filed by debtor Michelle P Hagan, debtor Michael James Hagan ; GRANTED HEA. IT IS HEREBY ORDERED that this matter is referred to the United States Bankruptcy Court for the Eastern District of Missouri for further proceedings. IT IS FURTHER ORDERED the Clerk of the Court shall administratively close this matter. Signed by District Judge Henry Edward Autrey on 6/10/15. (CLA)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

In the Matter of
Mari L Sturtevant
Decedent.

)
)
)

Case No. 2:15-cv-00034

MEMORANDUM AND ORDER
This matter is before the Court on the motion of Michael J. and Michelle P.
Hagan to Refer or Consolidate, [Doc. No. 3], this matter with their pending
Bankruptcy proceeding. The motion is granted.
Pursuant to Federal Rule of Bankruptcy Procedure 9027(e)1 and this Court’s
Local Rule 81-9.01,2 this matter is referable to the Bankruptcy Court.

1

Rule 9027(e) provides:
(e) Procedure after removal
(1) After removal of a claim or cause of action to a district court the district
court or, if the case under the Code has been referred to a bankruptcy judge
of the district, the bankruptcy judge, may issue all necessary orders and
process to bring before it all proper parties whether served by process issued
by the court from which the claim or cause of action was removed or
otherwise.
(2) The district court or, if the case under the Code has been referred to a
bankruptcy judge of the district, the bankruptcy judge, may require the party
filing the notice of removal to file with the clerk copies of all records and
proceedings relating to the claim or cause of action in the court from which
the claim or cause of action was removed.

Accordingly,
IT IS HEREBY ORDERED that this matter is referred to the United States
Bankruptcy Court for the Eastern District of Missouri for further proceedings.

(3) Any party who has filed a pleading in connection with the removed claim
or cause of action, other than the party filing the notice of removal, shall file
a statement admitting or denying any allegation in the notice of removal that
upon removal of the claim or cause of action the proceeding is core or noncore. If the statement alleges that the proceeding is non-core, it shall state
that the party does or does not consent to entry of final orders or judgment
by the bankruptcy judge. A statement required by this paragraph shall be
signed pursuant to Rule 9011 and shall be filed not later than 14 days after
the filing of the notice of removal. Any party who files a statement pursuant
to this paragraph shall mail a copy to every other party to the removed claim
or cause of action.
Federal Rules of Bankruptcy Procedure, Rule 9027
2

Local Rule 81 - 9.01 Provides:
Bankruptcy Court Matters.
(A) Filings in Bankruptcy Proceedings.
The Clerk of the Bankruptcy Court shall receive all filings and maintain all
files in Bankruptcy Court cases and proceedings.
(B) Reference to Bankruptcy Judges.
(1) All cases under Title 11 of the United States Code, and all proceedings
arising under Title 11 or arising in or related to a case under Title 11, are
referred to the bankruptcy judges for this district, who shall exercise the full
extent of the authority conferred upon them.

[2]

IT IS FURTHER ORDERED the Clerk of the Court shall administratively
close this matter.
Dated this 10th day of June, 2015.

________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

[3]