Opinion
8:11-bk-20448-SC
10-31-2022
Chapter 7
Dated: November 15, 2022
ORDER GRANTING MOTION FOR REPORT AND RECOMMENDATION TO DISTRICT COURT FOR WITHDRAWAL OF REFERENCE AS TO DETERMINATION OF CRIMINAL CONTEMPT, DENYING CROSS-MOTION AND VACATING HEARING
Scott C. Clarkson United States Bankruptcy Judge
Vacated Hearings:
Time: 11:00 a.m.
Ctrm: 5C
The Court has considered he Motion for Issuance of Report and Recommendation that the United States District Court Parti lly Withdraw the Reference for the Limited Purpose of Adjudicating Whether Debtor, Y n Sui, Should be Held in Criminal Contempt and Punished by Incarceration, filed by the Chapter 7 Trustee, Richard A. Marshack (“Trustee”) on October 21, 2022, [Dk. 975] (the “Motion”), the Opposition and Cross-Motion filed by Debtor Yan Sui on October 22, 2022 [Dk. 976] (“Cross-Motion”), and the docket as a whole, and finds that further briefing or oral argument would not aid the Court in its determinations, that these matters are appropriate for disposition without a hearing ant hat good cause exists to issue the following order:
1. The Motion is GRAN ED for the reasons set forth in the contemporaneously issued
Report and Recommendation.
2. The Cross-Motion is DENIED. It violates the Amended Pre-Filing Order, entered June 30, 2016 [Dk. 487].
3. The November 15, 2022 hearings are VACATED.
IT IS SO ORDERED.