Opinion
BAP No. EC-15-1303 Bk. No. 14-28936 USDC No. 2:16-mc-0049 JAM KJN (BK)(PS)
03-09-2016
In re: NAEEM AHMAD, Debtor. NAEEM AHMAD, Appellant, v. JOHN R. ROBERTS, Chapter 7 Trustee; BAYVIEW LOAN SERVICES, LLC; UNITED STATES TRUSTEE, Appellees.
ORDER TRANSFERRING IFP MOTION TO DISTRICT COURT
Before: TAYLOR and KURTZ, Bankruptcy Judges.
Appellant filed a motion for leave to proceed in forma pauperis with respect to this appeal ("IFP Motion"). An order was issued by the BAP Clerk, giving the bankruptcy court the opportunity to make a certification under 28 U.S.C. § 1915(a)(3) regarding whether the appeal is frivolous. A certification was made by the trial court, indicating that, "appellant is not proceeding in good faith within the meaning of 28 U.S.C. § 1915(a)(3)." Bankruptcy Court Certification at 3.
Under the holding of Perroton v. Gray (In re Perroton), 958 F.2d 889 (9th Cir. 1992) and Determan v. Sandoval (In re Sandoval), 186 B.R. 490, 496 (9th Cir. BAP 1995), the Bankruptcy Appellate Panel has no authority to grant or deny in forma pauperis motions under 28 U.S.C. § 1915(a) because bankruptcy courts are not "court[s] of the United States" as defined in 28 U.S.C. § 451.
Therefore, appellant's IFP Motion is hereby TRANSFERRED to the United States District Court for the Eastern District of California for the limited purpose of ruling on the IFP Motion.
It is appellant's responsibility to take all necessary steps to have the IFP Motion considered by the district court within a reasonable period of time.
No later than Wednesday , February 10, 2016 , appellants must file with the Panel and serve on opposing counsel a written response which includes as an exhibit a copy of the district court's order on the IFP Motion or an explanation of the steps appellants have taken to have the IFP Motion considered by the district court. For the convenience of the district court, copies of the notice of appeal, the IFP Motion, the bankruptcy court certification and the order on appeal are attached to this order.
Appellant must file the opening brief and excerpts of the record no later than TWENTY-ONE days after entry of an order by the district court regarding appellant's IFP motion.
Failure to comply with the requirements of this order may result in dismissal of this appeal for lack of prosecution without further notice to the parties. 9th Cir. BAP R. 8018(a)-2.
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