Szanto v. United States of America, et al.

Filing 13

ORDER denying 9 Motion to Reconsider; denying 12 Motion to Reopen Case. Signed by Judge Robert C. Jones on 9/16/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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In re PETER SZANTO,
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Debtor.
_____________________________________ )
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PETER SZANTO,
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Plaintiff,
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vs.
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UNITED STATES OF AMERICA et al.,
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Defendants.
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Case No. 3:14-cv-00322-RCJ
Bankr. No. 13-bk-51261-BTB
ORDER

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Plaintiff–Debtor Peter Szanto asked the Court to withdraw the reference of his Chapter
11 bankruptcy case in its entirety based upon the alleged bias of the bankruptcy judge. The
Court denied the motion, noting that: (1) the bankruptcy case had been dismissed on June 17,
2014; (2) the motion to withdraw the reference had been filed on June 18, 2014; and (3) a notice
of appeal had been filed on June 19, 2014. Plaintiff–Debtor has asked the Court to reconsider
and reopen his bankruptcy case. The Court denies the motion. The bankruptcy case has been
appealed. This Court is presiding over that appeal, but the Court’s jurisdiction over the appeal
under 28 U.S.C. § 158(a) does not give the Court jurisdiction to enter substantive orders in the

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bankruptcy case itself while the appeal is pending. Plaintiff–Debtor’s avenue of relief at this

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stage is via the appeal.
CONCLUSION

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IT IS HEREBY ORDERED that the Motions to Reconsider and Reopen Case (ECF Nos.
9, 12) are DENIED.
IT IS SO ORDERED.
Dated: This 3rd dayday of September, 2014.
Dated: This 16th of September, 2014.

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_____________________________________
ROBERT C. JONES
United States District Judge

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