Berkowitz et al v. Bayview Loan Serving, LLC

Filing 24

ORDER Denying with prejudice Plaintiffs' 6 Motion for Withdrawal of the Reference to the Bankruptcy Court. Signed by Judge Jennifer A. Dorsey on 4/16/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:13-CV-00759-JAD

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GREG J. BERKOWITZ and MICHELLE
BERKOWITZ,

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Plaintiff,

Order Denying Motion for Withdrawal
of the Reference to the Bankruptcy
Court [#6]

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vs.

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BAYVIEW LOAN SERVICING, LLC, and DOES 110, inclusive,

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Defendants.

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Before the Court is Plaintiffs Greg and Michelle Berkowitz’s unopposed Motion for

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Withdrawal of the Reference to Bankruptcy Court Pursuant to 28 U.S.C. § 157(d).1 As there remains

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no bankruptcy case to withdraw, the motion is denied with prejudice.
Discussion

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On September 29, 2011, Greg Berkowitz filed a Chapter 7 bankruptcy petition.2 On January

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3, 2012, the bankruptcy court entered an order discharging Debtor Berkowitz.3 On February 5, 2013,

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Berkowitz filed a motion to reopen the chapter 7 case to determine violations of the discharge

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injunction and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 against Defendants.4

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Notably, Berkowitz stated that “[t]he filing of an adversary proceeding is not necessary in order to

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Doc. 6.

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In re Berkowitz, 11-25333-LBR (Bankr. Nev.).

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BK Doc. 19.

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BK Doc. 22 at 4-5.

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seek damages for violations of the discharge injunction or other Court orders. . . ,” and Berkowitz

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never brought an adversary proceeding before the bankruptcy court.5

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On May 9, 2013, the bankruptcy court entered an order reopening the case for hearing,

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denying the Berkowitzes’ motion, and instructing the clerk of court to close the case upon entry of

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the order.6 That same day, the bankruptcy court entered a final decree discharging the trustee and

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closing the case.7 There are no further matters pending before the bankruptcy court. For that reason

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there is no pending matter to withdraw from the bankruptcy court.

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Conclusion

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Accordingly, IT IS HEREBY ORDERED that the Berkowitz Plaintiffs’ Motion for

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Withdrawal of the Reference [Doc. 6] is DENIED with prejudice.8

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Dated this 16th day of April, 2014.

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_______________________________
Jennifer A. Dorsey
United States District Judge

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Id. at 4.

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BK. Doc. 33 at 3.

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BK Doc. 34.

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The Court notes that there are other matters pending in this case and will address those
matters in due course.