In re: Karen J. Anthony
Filing
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ORDER that the appellant, Karen J. Anthony, shall file and serve her brief, in each of the above-captioned appeals, on or before July 6, 2012. Any appellee wishing to file and serve a response brief may do so, in any of the above-captioned appeals , on or before July 23, 2012. The appellant may file and serve a reply brief to any appellee's response brief on or before August 2, 2012. These appeals shall be ripe for disposition immediately thereafter. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IN THE MATTER OF:
KAREN J. ANTHONY,
Debtor.
4:12-CV-3124
4:12-CV-3125
4:12-CV-3126
BANKRUPTCY NO. BK11-42232
ORDER
This case is before the Court on the debtor’s notices of appeal (case no.
4:12-cv-3124 filing 1, case no. 4:12-cv-3125 filing 1, case no. 4:12-cv-3126
filing 1). The debtor seeks to appeal from three separate orders of the
bankruptcy court. In case no. 4:12-cv-3124, the debtor appeals the
bankruptcy court’s May 4, 2012 order “which granted the Motion for Relief
from Stay filed by Cattle National Bank & Trust Co.” Case no. 4:12-cv-3124
filing 1 at 1. In case no. 4:12-cv-3125, the debtor appeals the bankruptcy
court’s May 4 order which denied her "Objection to the Proof of Claim of
Cattle National Bank & Trust Co." Case no. 4:12-cv-3125 filing 1 at 1. And in
case no. 4:12-cv-3126, the debtor appeals the bankruptcy court’s May 4 order
“which sustained in part and denied in part [the debtor’s] Amended Objection
to Claim of Edenton North Home Owner’s Association.” Case no. 4:12-cv-3126
filing 1 at 1.
The bankruptcy court orders at issue appear to be appealable under 28
U.S.C. § 158(a)(1). See, Howard Delivery Serv., Inc. v. Zurich Am. Ins. Co.,
547 U.S. 651 (2006); In re Saco Local Dev. Corp., 711 F.2d 441 (1st Cir. 1983).
And the record on appeal outlined in Fed. R. Bankr. P. 8006 has been filed
with the Clerk of the Court. Accordingly, the merits of these appeals should
be briefed by both the appellant (the debtor) and appellees (the trustees and
creditors). See Fed. R. Bankr. P. 8009(a). Rule 8009(a) provides for relatively
expedited briefing, and under the circumstances of this case, an expedited
briefing schedule is appropriate. Accordingly,
IT IS ORDERED:
1.
The appellant, Karen J. Anthony, shall file and serve her
brief, in each of the above-captioned appeals, on or before
July 6, 2012.
2.
Any appellee wishing to file and serve a response brief may
do so, in any of the above-captioned appeals, on or before
July 23, 2012.
3.
The appellant may file and serve a reply brief to any
appellee's response brief on or before August 2, 2012.
4.
These appeals shall be ripe for disposition immediately
thereafter.
Dated this 20th day of June, 2012.
BY THE COURT:
John M. Gerrard
United States District Judge
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