Ball v. Handei Mack, Inc

Filing 20

MEMORANDUM AND ORDER - This case is referred to the United States Bankruptcy Court of the District of Nebraska pursuant to NEGenR 1.5(a)(1); The Clerk of the United States District Court for the District of Nebraska shall close this case for stati stical purposes; and The Clerk of the United States District Court for the District of Nebraska shall deliver, or send electronically, the Court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Judge John M. Gerrard. (Copies sent electronic as directed)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICKI BALL,
Plaintiff,

8:14-CV-144

vs.
MEMORANDUM AND ORDER
RORY CARSTENS and HANDEI
MACK, INC.,
Defendants.
This matter is before the Court on the suggestion of bankruptcy filed by
the defendant, Rory Carstens. Filing 18. NEGenR 1.5(a)(1) provides:
Upon the filing of a suggestion in bankruptcy, or other
notification that a party to a civil case is a debtor in a bankruptcy
case, the entire case is referred to the bankruptcy court for
further action. Under this rule, the matter is referred to the
bankruptcy court even if the suggestion of bankruptcy states the
bankruptcy proceeding was initiated in another district. The
bankruptcy judge requests status reports from the parties. After
reviewing the status reports, the bankruptcy judge determines
whether the case should proceed in bankruptcy court or be
returned to district court. If the case is to be returned to district
court, the bankruptcy judge files a report and recommendation
concerning withdrawal of the reference. The report includes a
recommendation regarding the necessity of the debtor’s
participation in the case, and, if appropriate, the bankruptcy
judge enters an order in the bankruptcy case granting relief from
the automatic stay to allow the case to proceed with the debtor as
a party.
Accordingly, this case will be referred to the United States Bankruptcy Court.
Any determination as to whether relief from the automatic bankruptcy stay
is warranted as to any of the parties to this case shall be made by the
bankruptcy court.

IT IS ORDERED:
1.

This case is referred to the United States Bankruptcy
Court of the District of Nebraska pursuant to NEGenR
1.5(a)(1);

2.

The Clerk of the United States District Court for the
District of Nebraska shall close this case for statistical
purposes; and

3.

The Clerk of the United States District Court for the
District of Nebraska shall deliver, or send electronically,
the Court file to the Clerk of the Bankruptcy Court for the
District of Nebraska.

Dated this 17th day of June, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge

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