Opinion
BAP No. NC-11-1536 Bk. No. 11-33107
11-16-2011
In re: JULIE NELSON BLANKENHORN; Debtor. JULIE NELSON BLANKENHORN, Appellant, v. DANIEL J. ROSENBLEDT, Trustee of Rosenbledt Pie Trust Dated March 25, 2000, Appellee.
Respectfully submitted, Julie Nelson Blankenhorn, REspodnent / Appellant
ORDER TRANSFERRING IFP MOTION
(Immediate Action Required)
Before: DUNN and PAPPAS, Bankruptcy Judges.
On September 27, 2011, appellant filed a financial affidavit which we construe as a motion for leave to proceed in forma pauperis with respect to this appeal ("IFP Motion").
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 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 Northern 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 Friday, December 9, 2011, appellant 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 appellant has 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 orders on appeal and the IFP Motion are attached to this order.
A briefing schedule will be issued concurrently with entry of this order. Appellant's opening brief and excerpts of the record must be filed no later than Friday, December 23, 2011. In the briefs, the parties should address whether this appeal has been rendered moot by the dismissal of the Chapter 11 case on September 27, 2011. See Bankruptcy Court Docket at 38 (Order and Notice of Dismissal).
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. 8070-1.
JULIE NELSON BLANKENHORN
990 AVENUE ALAMBRA
EL GRANADA CA 94018
UNITED STATES BANKRUPTCY COURT
NORTHERN DISRICT OF CALIFORNIA
Bankruptcy Case No. 11-33107
Chapter
In re: JULIE NELSON BLANKENHORN Debtor
DANIEL J. ROSENBLEDT, Trustee of
Rosenbledt PIE Trust Dated
March 15,2000, Movant,
vs.
JULIE NELSON BLANKENHORN, Respondent
NOTICE OF APPEALTO THE BANKRUPTCY APPELLATE PANEL
PLEASE TAKE NOTICE that JULIE NELSON BLANKENHORN, respondent in the above styled and numbered cause, appeals from the order of the bankruptcy court granting relief from stay and the same court's subsequent order dated September 19, 2011 denying respodnent's timely filed motion for reconsideration. See Exhibits A & B attached. The names of all parties to the Order appealed from and the names, addresses and telephone numbers of their respective attorneys are as follows:
1. Counsel for Plaintiff DANIEL J. ROSENBLEDT, TRUSTEE OF ROSENBLEDT PIE TRUST DATED MARCH 25, 2000 :
Brenda Cruz Keith
1965 Market Street, 2nd Floor
San Francisco, CA 94103
415.626.6494
2. Counsel for the Respondent JULIE NELSON BLANKENHORN:
Julie Nelson Blankenhorn, Respondent / Appellant
990 Avenue Alhambra
El Granada, CA 94018
Respectfully submitted,
Julie Nelson Blankenhorn, REspodnent / Appellant
CERTDJICATE OF SERVICE
I, Julie Nelson Blankenhorn declare under penalty of perjury that on September 26, 2011, copies of NOTICE OF APPEAL were served by sending a true and correct copy to each party by sending a copy thereof by enclosing same in an envelope with first class postage prepaid and addressed as follows by depositing same in the post office at El Granada, California:
Brenda Cruz Keith
Attorney for Plaintiff
Respectfully submitted,
Julie Nelson Blankenhorn, Defendant / Appellant
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No. 11-33107 TEC
Chapter 11
In re JULIE NELSON-BLANKENHORN Debtor.
Time: 1:00 p.m.
Ctrm: Hon. Thomas E. Carlson
235 Pine St., 23rd Fl.
San Francisco, CA
ORDER RE RELIEF FROM THE AUTOMATIC STAY
On September 12, 2011, the court held a hearing on Daniel J. Rosenbledt's Motion for Relief from the Automatic Stay and Motion for Monetary Sanctions. Brenda Cruz Keith appeared on behalf of Movant. Debtor appeared pro se in opposition to the Motions. Upon due consideration, and for the reasons stated on the record at the hearing, the court hereby orders as follows:
(1) The automatic stay under 11 U.S.C. § 362(a) is vacated under 11 U.S.C. § 362(d)(1) as to Movant's interest in real property located at 990 Avenue Alhambra, El Granada, San Mateo County, California, 94018, also designated as 990 Avenue Alhambra, Half Moon Bay, California, 94019 (hereinafter "The Property"), to permit Movant to pursue all his rights and remedies in and to The Property.
(2) The Movant is permitted to complete all his legal remedies in state court to obtain possession of The Property.
(3) In the event this chapter 11 proceeding is converted to another chapter, this Order is deemed binding and of full force and effect in any such converted proceeding as to the parties and The Property herein.
(4) The provisions of Federal Rule of Bankruptcy Procedure 4001(a)(3) shall not apply.
(5) Movant's Motion for Monetary Sanctions is denied.
(6) Pursuant to 11 U.S.C. § 362(d)(4), Movant's rights and remedies regarding The Property shall not be affected by any bankruptcy petition filed by any party under any chapter in any district on or before September 12, 2013. The San Mateo Sheriff may rely upon this Order to complete eviction notwithstanding any bankruptcy petition filed by any party before September 12, 2013.
Court Service List
Julie Nelson-Blankenhorn
990 Avenue Alhambra
Half Moon Bay, CA 94019
THOMAS E. CARLSON
U.S. Bankruptcy Judge
In re
JULIE NELSON-BLANKENHORN, aka JULIE BLANKENHORN, Debtor.
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No. 11-33107 TEC
Chapter 11
order denying motion for reconsideration
On September 13, 2011, this court granted relief from stay in this case to permit enforcement of a pre-petition unlawful detainer action after a pre-petition foreclosure sale. On September 15, 2011, Debtor filed a motion for reconsideration of that order. The chapter 7 case previously filed by Debtor's husband presents the same issue regarding the same property. Julie Nelson-Blankenhorn's motion for reconsideration is denied for the reasons stated in the Memorandum re Debtor's Motion for Reconsideration filed in the Bruce Allan Blankenhorn bankruptcy case (11-31835 TEC) on July 12, 2011.
Court Service List
Julie Nelson-Blankenhorn
990 Avenue Alharabra
Half Moon Bay, CA 94019
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
OFFICE OF THE CLERK
235 Pine Street
San Francisco, CA 94104
Mailing Address:
P.O. Box 7341
San Francisco, CA 94120-7341
TRANSMITTAL FORM
TO: Bankruptcy Appellate Panel of the Ninth Circuit, 125 S. Grand Avenue, Pasadena, CA, 91105
CASE NAME: Julie Nelson-Blankenhorn
BANKRUPTCY NO.: 11-33107- TC
BANKRUPTCY JUDGE: Thomas E. Carlson
DATE NOTICE OF APPEAL FILED: September 27, 2011
DATE OF ENTRY OF ISSUE: September 12, 2011 & September 19, 2011
DATE BANKRUPTCY FILED: August 24, 2011
DATE OF TRANSMITTAL: September 28, 2011
Da'Wana L. Chambers
Deputy Clerk
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Re: Julie Nelson-Blankenhom Debtor(s)
Case No.: 11-33107-TC
Chapter 11
NOTICE OF REFERRAL OF APPEAL TO BANKRUPTCY APPELLATE PANEL
TO ALL PARTIES:
YOU AND EACH OF YOU are hereby notified that the enclosed notice of appeal has been filed by with the Clerk of the Bankruptcy Court. By virtue of the orders of the Judicial Council of the Ninth Circuit and the District Court for this district, the above appeal has been referred to the United States Bankruptcy Appellate Panel of the Ninth Circuit (BAP).
Gloria L. Franklin, Clerk
United States Bankruptcy Court
Da'Wana L. Chambers
Deputy Clerk