Opinion
BAP No. EC-11-1607BAP No. EC-11-1619Bk. No. 11-26173BAP No. EC-11-1613Bk. No. 09-42649BAP No. EC-11-1715Bk. No. 11-20290BAP No. EC-11-1722Bk. No. 10-43436USDC Case 2:12-mc-014 JAM DAD (PS) (BK)
03-05-2012
In re: HILDY ORTIZ and MARCUS NIETO; Debtors. In re: HARVEY P. MICKELSEN; STEPHANIE B. MICKELSEN; Debtors. In re: GEORGE CYRUS KNOWLTON; AMANDA LEE KNOWLTON; Debtors. In re: MARK B. JORGENSEN; KIMBERLY A. JORGENSEN; Debtors. SEAN GJERDE, Appellant, v. HILDY ORTIZ; MARCUS NIETO; HARVEY P. MICKELSEN; STEPHANIE B. MICKELSEN; GEORGE CYRUS KNOWLTON; AMANDA LEE KNOWLTON; UNITED STATES TRUSTEE; MARK B. JORGENSEN; KIMBERLY A. JORGENSEN; JAN JOHNSON, Chapter 13 Trustee, Appellees.
SEAN GJERDE S8S0 ELK GROVE BLVD., STE. A In pro per
ORDER TRANSFERRING IFP MOTION TO DISTRICT COURT
Before: HOLLOWELL, KIRSCHER and MARKELL, Bankruptcy Judges. These appeals have been judicially reviewed.
BAP Appeal No. EC-11-1607 is an appeal filed by Sean Gjerde from an October 25, 2011 order requiring the return of $3,000 to Marcus Alonso Nieto and Hildy Jean Ortiz.
BAP Appeal No. EC-11-1613 is an appeal filed by Sean Gjerde requiring from an October 25, 2011 order requiring the payment of $16,200 to Jan Johnson, Chapter 13 Trustee with respect to the bankruptcy case of Harvey P. Mickelsen and Stephanie B. Mickelsen.
BAP Appeal No. EC-11-1619 is an appeal filed by Sean Gjerde from an October 25, 2011 order requiring the payment of $19,500 to Jan Johnson, Chapter 13 Trustee with respect to the bankruptcy case of Marcus Alonso Nieto and Hildy Jean Ortiz.
BAP Appeal No. EC-11-1715 is an appeal filed by Sean Gjerde from a December 12, 2011 order finding Mr. Gjerde to be in contempt of the bankruptcy court's order, requiring the refund of $1,000 to debtors George Cyrus Knowlton and Amanda Knowlton, and awarding $1,613.83 to the United States Trustee.
BAP Appeal No. EC-11-1722 is an appeal filed by Sean Gjerde from a December 12, 2011 order requiring the payment of $3,000 to Mark B. Jorgensen and Kimberly A. Jorgensen.
Appellant Sean Gjerde has filed a motion to proceed in forma pauperis with respect to the above-referenced appeals.
These appeals are properly before the Bankruptcy Appellate Panel ("BAP") under 28 U.S.C. § 158. As no party filed a timely election to have the appeals heard by the United States District Court under 28 U.S.C. § 158(c), jurisdiction lies with the BAP.
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 BAP 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.
However, the district court has authority to allow a person to file an appeal without prepayment of the filing fee. See 28 U.S.C. § 1915(a).
The district courts have original jurisdiction over bankruptcy cases and proceedings, 28 U.S.C. § 1334, and may exercise that jurisdiction notwithstanding that a district court may choose to refer bankruptcy matters to the bankruptcy judges for the district. 28 U.S.C. § 157(d).
Therefore, appellant's motion is hereby TRANSFERRED to the United States District Court for the Eastern District of California for the limited purpose of ruling on appellants' motion. It is appellant's responsibility to take all necessary steps to have this matter considered by the district court within thirty (30) days from the date of this order.
After the district court issues its decision, appellant is directed to notify the BAP of the district court ruling. If the district court denies the application, appellant will have twenty-one (21) days from the date of the district court order to pay the appeal filing fees to the clerk of the bankruptcy court or these appeals will be dismissed. If the fees are paid or the district court grants appellants' motion, these appeals will then proceed before the BAP.
For the convenience of the district court, copies of the motion, the notices of appeal and the orders on appeal are attached to this order.
SEAN GJERDE
S8S0 ELK GROVE BLVD., STE. A
In pro per
IN RE: HARVEY P. MICKELSEN AND STEPHANIE B. MICKELSEN
IN RE: MARCUS NIETO AND HILDY ORTIZ IN RE: MICHAEL G. PETERS AND JENNIFER L. PETERS
IN RE: BEN LEANDRO DYE AND KAELYN MARIE DYE
Case No.: 09-42649
BAP No.: EC-11-1613
APPLICATION FOR FEE WAIVER OF APPELLATE COSTS
Case No.: 11-26173
BAP No.: EOT 1-1607
BAP No.: EC-11-1619
BAP No.: EC-11-1643
Case No.: 10-47982
Case No.: 11-22020
Please find attached the application for fee waivers of all appellate fees in regards to the above entitled matters. Appellant's current income is less than 150% of federal poverty guidelines as defined by the Office of Management and Budget in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 and as prescribed under 28 U.S.C. §§ 1930(b)(c)and (f).
___________________________
Sean Gjerde
APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
FOR INDIVIDUALS WHO CANNOT PAY THE FILING FEE
IN FULL OR IN INSTALLMENTS
The court fee for filing a case under chapter 7 of the Bankruptcy Code is $306, If you cannot afford to pay the full fee at the time of filing, you may apply to pay the fee in installments, A form, which is available from the bankruptcy clerk's office, must be completed to make that application. IF your application to pay in installments is approved, you will be permitted to file your petition, generally completing payment of the fee over the course of four to six months.
If you cannot afford to pay the fee either in full at, the time of filing or in installments, you may request a waiver of the filing fee by completing this application and filing it with the Clerk of Court, A judge will decide whether you have to pay the fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. You may obtain information about the poverty guidelines at www.uscourts.gov or in the bankruptcy clerk's office.
Required information. Complete all items in the application, and attach requested schedules. Then sign the application on the last page. If you and your spouse are filing a joint bankruptcy petition, you both must provide information as requested and sign the application.
In re: Sean Gjerde
Debtor(s)
Case No. _______________________
(if known)
APPLICATION FOR WAIVER OP THE CHAPTER 7 FILING FEE
FOR INDIVIDUALS WHO CANNOT PAY THE FILING FEE IN FULL OR IN INSTALLMENTS
Part A. Family Size and Income
1. Including yourself, your spouse, and dependents you have listed or will list on Schedule I (Current Income of Individual Debtors(s)), how many people are in your family? (Do not include your spouse if you are separated AND are not filing a joint, petition.) 2
2. Restate the following information that you provided, or will provide, on Line 16 of Schedule I. Attach a completed copy of Schedule J, if it is available.
Total Combined Monthly Income (Line 16 of Schedule I): $ 1,800.00
3. State the monthly net income, if any, of dependents included in Question 1 above. Do not include any income already reported in Item 2, If none, enter SO. $ _________________
4. Add the "Total Combined Monthly Income" reported in Question 2 to your dependents' monthly net income from Question 3. $ 1,800.00
5. Do you expect the amount in Question 4 to increase or decrease by more than 10% during the next 6 months? Yes √ No _
If yes, explain. Ending of unemployment benefits without a extension by the federal government is possible.
Part B. Monthly Expenses
6. EITHER (a) attach a completed copy of Schedule J (Schedule of Monthly Expenses), and state your total monthly expenses reported on Line 18 of that Schedule, OR (b) if you have not yet completed Schedule J, provide an estimate of your total monthly expenses. $ 7,200.00
7. Do you expect the amount in Question 6 to increase or decrease by more than 10% during the next 6 months? Yes _No √
If yes, explain.
Part C. Real and Personal Property
EITHER (1) attach completed copies of Schedule A (Real Property) and Schedule B (Personal Property), OR (2) if you have not yet completed those schedules, answer the following questions.
8. State the amount of cash you have on hand. $ 178.20
9. State below any money you have in savings, checking, or other accounts in a bank or other financial institution.
+-----------------------------------------------------------------------------+ ¦Bank or Other Financial ¦Type of Account such as savings,¦ ¦ ¦Institution: ¦ ¦Amount; ¦ ¦ ¦checking, CD: ¦ ¦ +-----------------------------------+--------------------------------+--------¦ ¦Well Fargo Bank ¦Checking ¦$ 696,00¦ +-----------------------------------+--------------------------------+--------¦ ¦ ¦ ¦$ ¦ +-----------------------------------------------------------------------------+
10. State below the assets owned by you. Do not list ordinary household furnishings and clothing.
+-----------------------------------------------------------------------------+ ¦ ¦Address; ¦ ¦ +---------------+-------------------+-----------------------------------------¦ ¦Home ¦ ¦Vature $ 200,000.00 ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦9254 Boulder Falls ¦ ¦ ¦ ¦Ct. ¦Amourt owed on mortgages and liens: ¦ ¦ ¦ ¦$346,000.00 ¦ ¦ ¦Elk Grov@ CA 95624 ¦ ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦Address: ¦ ¦ +---------------+-------------------+-----------------------------------------¦ ¦Other real ¦ ¦Value: $ ¦ ¦estate ¦ ¦ ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦ ¦Amourt owed on mortgages and liens: $ ¦ +---------------+-------------------+-----------------------------------------¦ ¦Motor vehicle ¦Model/Year: ¦Vature $ 30,000.00 ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦Infiniti G 37 ¦Amourt owed: $ 370,000.00 ¦ +---------------+-------------------+-----------------------------------------¦ ¦Motor vehicle ¦Model/Year: ¦Value: $ ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦ ¦Amourt owed: $ ¦ +---------------+-------------------+-----------------------------------------¦ ¦Other ¦Description ¦Value: $ ¦ +---------------+-------------------+-----------------------------------------¦ ¦ ¦ ¦Amourt owed: $ ¦ +-----------------------------------------------------------------------------+
11. State below any person, business, organisation, or governmental unit thai owes you money and the amount that is owed.
+-------------------------------------------------------------------+ ¦Name of Person, Business, or Organization (hat Owes You¦ ¦ ¦ ¦Amount Owed¦ ¦Money ¦ ¦ +-------------------------------------------------------+-----------¦ ¦ ¦$ ¦ +-------------------------------------------------------+-----------¦ ¦ ¦$ ¦ +-------------------------------------------------------------------+
Part D. Additional Information.
12. Have you paid an attorney any money for services in connection with this case, including the completion of this form, the bankruptcy petition, or schedules? Yes, _ No √
If yes, how much have you paid? $ _
13. Have you promised to pay or do you anticipate paying an attorney in connection with your bankruptcy case? Yes __ No √
If yes, how much have you promised to pay or do you anticipate paying? $ __
14. Have you paid anyone other than an attorney (such as a bankruptcy petition preparer, paralegal, typing service, or another person) any money for services in connection with this case, including the completion of this form, the bankruptcy petition, or schedules? Yes _ No √
If yes, how much have you paid? $ _
15. Have you promised to pay or do you anticipate paying anyone other than an attorney (such as a bankruptcy petition preparer, paralegal, typing service, or another person) any money for services in connection with this case, including the completion of this form, the bankruptcy petition, or schedules? Yes _ No $ √
If yes, how much have you promised to pay or do you anticipate paying? $ ________
16. Has anyone paid an attorney or other person or service in connection with this case, on your behalf? Yes _ No √
If yes, explain.
17. Have you previously filed for bankruptcy relief during the past eight years? Yes _ No √
+-----------------------------------------------------------------------------+ ¦Case Number ¦ ¦ ¦ ¦ ¦(if ¦Year ¦Location of ¦Did you obtain a discharge? (if ¦ ¦ ¦filed ¦filing ¦known) ¦ ¦known) ¦ ¦ ¦ ¦ +--------------+---------+----------------+-----------------------------------¦ ¦ ¦ ¦ ¦Yes __ No __ Don't know ¦ +--------------+---------+----------------+-----------------------------------¦ ¦ ¦ ¦ ¦Yes __ No __ Don't know ¦ +-----------------------------------------------------------------------------+
18. Please provide any other information that helps to explain why you are unable to pay the filing fee in installments.
I recently lost my ability to practice law which has drastically decreased my ability to make money
19. 1 (we) declare under penalty of perjury that 1 (we) cannot currently afford to pay the filing fee in full or in installments and that the foregoing information is true and correct.
Executed on: 01/16/2012
Date
___________________________
Signature of Debtor
___________________________
Signature of Codebtor
DECLARATION AND SIGNATURE OF BANKRUPTCY PETITION PREPARER (Sec 11 U.S.C § 110)
I declare under penalty of perjury dint: (1) .I am a bankruptcy petition preparer as defined in 11 U.S.C, § 110; (2) I prepared this document for compensation and have provided the debtor with a copy or this document and the notices unit information required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and (3) if rales or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required under trial section.
Printed or Typed Name and Title, if any, of Bankruptcy Petition Preparer Social Security No. (Required by 11 U.S.C. § 110.)
If she bankruptcy petition preparer is not cm individual, stale the name, title (if any), address, and social-security number of the officer, principal, responsible person, Or partner who signs the document.
___________________________
Address
X ___________________________
Signature of Bankruptcy Petition Preparer
Names and Social-Security number of till other individuals who prepared or assisted in preparing this document, unless the bankruptcy petition preparer is not an individual:
If more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person,
A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both, 11 U.S.C. § 110; 18 U.S.C. § 156.
In re: Sean Gjerde
Debtor(s)
Case No. ___________________________
ORDER ON DEBTOR'S APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
Upon consideration of the debtor's "Application for Waiver of the Chapter 7 Filing Fee," the court orders that the application be:
[ ] GRANTED,
This order is subject to being vacated at a later time if developments in the administration of the bankruptcy case demonstrate that the waiver was unwarranted.
[ ] DENIED.
The debtor shall pay the chapter 7 filing fee according to the following terms:
$ _________ on or before............__________
$_ on or before __________
$ __________ .....on or before_
$ ____________on or before____________
Until the filing fee is paid in full, the debtor shall not make any additional payment or transfer any additional property to an attorney or any other person for services in connection with this case.
IF THE DEBTOR FAILS TO TIMELY PAY THE FILING FEE IN FULL OR TO TIMELY MAKE INSTALLMENT PAYMENTS, THE COURT MAY DISMISS THE DEBTOR'S CASE.
[ ] SCHEDULED FOR HEARING.
A hearing to consider the debtor's "Application for Waiver of the Chapter 7 Filing Fee" shall be held on ____________ at _______ am/pm at _____________________ . (address of courthouse)
IF THE DEBTOR FAILS TO APPEAR AT THE SCHEDULED HEARING, THE COURT MAY DEEM SUCH FAILURE TO BE THE DEBTOR'S CONSENT TO THE ENTRY OF AN ORDER DENYING THE FEE WAIVER APPLICATION BY DEFAULT.
DATE: ___________________________
BY THE COURT:
___________________________
United States Bankruptcy Judge
BANKRUPTCY APPEAL TRANSMITTAL FORM
TO: Bankruptcy Appellate Panel of the Ninth Circuit
125 S. Grand Avenue
Pasadena, CA 91105
FROM: U.S. Bankruptcy Court
Eastern District of California
District Office No. 0972
DATE: 10/28/11
Debtor(s) Name: Marcus Alonzo Nieto and Hildy Jean Ortiz
Bankruptcy Case No. 11-26173-B-7
Adversary Proceeding No. ___________________________
Docket Control No. JPJ-1
Bankruptcy Judge (who signed the order): Klein
Date Notice of Appeal Filed: 10/27/11
Date of Entry of Order Appealed From: 10/27/11
Date Bankruptcy Case Filed: 3/12/11
Date Notice of Appeal and Notice of Referral of Appeal Mailed to Parties: 10/28/11
Filing Fee Paid? (Check One) [ ] Yes |√] No ___________________________
___________________________
Deputy Clerk
U.S. Bankruptcy Court
EDC 2-850 (Rev. 8/10/10)
In re Marcus Alonzo Nieto and Hildy Jean Ortiz Debtor(s)
Bankruptcy Case No. 11-26173-B-7
Docket Control No. JPJ-1
NOTICE OF REFERRAL OF APPEAL TO THE BANKRUPTCY APPELLATE
PANEL OF THE NINTH CIRCUIT
The attached Notice of Appeal has been filed with the Clerk of the U.S. Bankruptcy Court for the Eastern District of California.
NOTICE IS HEREBY GIVEN that by virtue of 28 U.S.C. §158, and orders of the Judicial Council of the Ninth Circuit and the U.S. District Court for the Eastern District of California, the appeal has been referred to the Bankruptcy Appellate Panel of the Ninth Circuit,
NOTICE IS FURTHER GIVEN that any party other than the appellant wishing to have the appeal heard by the U.S. District Court must, within 30 days of the date of this notice, file with the Clerk of the Bankruptcy Appellate Panel a separate written statement of election to transfer the appeal to the U.S. District Court for the Eastern District of California. Upon receipt of a timely statement of election, the Clerk of the Bankruptcy Appellate Panel shall transfer the appeal to the U.S. District Court for the Eastern District of California, in conformity with the foregoing orders and their provisions for election to district court.
For additional information, you may contact the Clerk of the Bankruptcy Appellate Panel for the Ninth Circuit at 125 S. Grand Ave., Pasadena, CA 91105 (telephone: (626) 229-7225).
Dated: 10/28/11
WAYNE BLACKWELDER, CLERK
U.S. BANKRUPTCY COURT
BY: ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVE BLVD., STE. A
ELK GROVE, CA 95624
In pro per
IN RE: MARCUS NIETO and HILDY ORTIZ
Case No.: 11-26173
DC No.: SPG-1
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sean Gjerde, improperly joined party, herein appeal to the United States Court of Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the Eastern District of California, entered in this case on October 21, 2011 and filed on October 25, 2011 and all interlocutory orders that gave rise to that order, including but not limited to order/judgment to disgorge fees in this bankruptcy matter dated October 21, 2011, filed on October 25, 2011 judgment for civil contempt on October 21, 2011, filed on October 25, 2011.
___________________________
Sean Gjerde
In re Marcus Alonzo Nieto and Hildy Jean Ortiz Debtor(s)
Bankruptcy Case No. 11-26173-B-7
Adversary Proceeding No.
Docket Control No. JPJ-1
CERTIFICATE OF MAILING
The undersigned clerk in the Office of the United States Bankruptcy Court for this district hereby certifies that copies of the Notice of Appeal and Notice of Referral of Appeal to the Bankruptcy Appellate Panel of the Ninth Circuit were mailed today to the following parties at their respective addresses as shown in the Court's records:
+-------------------------------------------------------------------+ ¦ ¦Marcus Nieto and ¦ ¦ ¦James P. Chandler ¦ ¦Jan P Johnson ¦ ¦ ¦Hildy Ortiz ¦ ¦ ¦926 First Street West¦ ¦PO Box 1708 ¦ ¦ ¦8724 Cullen Court ¦ ¦ ¦Sonoma CA 95476 ¦ ¦Sacramento CA 95812 ¦ ¦ ¦Elk Grove CA 95624 ¦ ¦ +---------------------+----------------------+----------------------¦ ¦U.S. Trustee ¦Thomas A. Johnson ¦Sean P. Gjerde ¦ ¦ ¦ ¦ ¦ ¦501 I St #7-500 ¦400 Capitol Mall #1620¦8880 Elk Grove Blvd #A¦ ¦ ¦ ¦ ¦ ¦Sacramento, CA 95814 ¦Sacramento, CA 95814 ¦Elk Grove CA 95624 ¦ +---------------------+----------------------+----------------------¦ ¦J. Michael Hopper ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PO Box 73826 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Davis CA 95617 ¦ ¦ ¦ +-------------------------------------------------------------------+
Dated: 10/28/11
BY: ___________________________
Deputy Clerk
Please confirm receipt and processing via return e-mail
Steve
Deputy Clerk
US Bankruptcy Court Sacramento
In re: MARCUS ALONZO NIETO and HILDY JEAN ORTIZ, Debtor(s)
Case No. 11-26173-E-13J
DC No. JPJ-1
JUDGMENT
Findings of fact and conclusions of law having been stated orally on the record,
IT IS ORDERED and ADJUDGED that Sean P. Gjerde, California State Bar No. 217467, and James P. Chandler, California State Bar No. 215886, who do business as Northern California Law Center, PC, shall jointly and severally return $3,000 to the debtors Marcus Alonzo Nieto and Hildy Jean Ortiz.
___________________________
UNITED STATE BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(ies) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed and by depositing said envelope in the United States mail or by placing said copy(ies) into an interoffice delivery receptacle located in the Clerk's Office.
James P. Chandler
926 First Street West
Sonoma CA 95476
Hildy Jean Ortiz
8724 Cullen Court
Elk Grove CA 95624
Marcus Alonzo Nieto
8724 Cullen Court
Elk Grove CA 95624
Jan P Johnson
PO Box 1708
Sacramento CA 95812
Office of the U.S. Trustee
Robert T Matsui United States Courthouse
501 1 Street, Room 7-500
Thomas A. Johnson
400 Capitol Mall, #1620
Sacramento, CA 95814
Sean Gjerde, Esq.
8880 Elk Grove Blvd.. Suite A
Elk Grove, CA 95624
___________________________
DEPUTY CLERK
BANKRUPTCY APPEAL TRANSMITTAL FORM
TO: Bankruptcy Appellate Panel of the Ninth Circuit
125 S. Grand Avenue
Pasadena, CA 91105
FROM: U.S. Bankruptcy Court
Eastern District of California
District Office No. 0972
DATE: 11/02/11
Debtor(s) Name: Marcus Alonzo Nieto and Hildy Jean Ortiz
Bankruptcy Case No. 11-26173-B-7
Adversary Proceeding No. ___________________________
Docket Control No. JPJ-1
Bankruptcy Judge (who signed the order): Klein
Date Notice of Appeal Filed: 10/31/11
Date of Entry of Order Appealed From: 10/25/11
Date Bankruptcy Case Filed: 3/12/11
Date Notice of Appeal and Notice of Referral of Appeal Mailed to Parties: 11/2/11
Filing Fee Paid? (Check One) [ ] Yes |√] No ___________________________
___________________________
Deputy Clerk
U.S. Bankruptcy Court
EDC 2-850 (Rev. 8/10/10)
In re Marcus Alonzo Nieto and Hildy Jean Ortiz Debtor(s)
Bankruptcy Case No. 11-26173-B-7
Docket Control No. JPJ-1
NOTICE OF REFERRAL OF APPEAL TO THE BANKRUPTCY APPELLATE
PANEL OF THE NINTH CIRCUIT
The attached Notice of Appeal has been filed with the Clerk of the U.S. Bankruptcy Court for the Eastern District of California.
NOTICE IS HEREBY GIVEN that by virtue of 28 U.S.C. §158, and orders of the Judicial Council of the Ninth Circuit and the U.S. District Court for the Eastern District of California, the appeal has been referred to the Bankruptcy Appellate Panel of the Ninth Circuit.
NOTICE IS FURTHER GIVEN that any party other than the appellant wishing to have the appeal heard by the U.S. District Court must, within 30 days of the date of this notice, file with the Clerk of the Bankruptcy Appellate Panel a separate written statement of election to transfer the appeal to the U.S. District Court for the Eastern District of California. Upon receipt of a timely statement of election, the Clerk of the Bankruptcy Appellate Panel shall transfer the appeal to the U.S. District Court for the Eastern District of California, in conformity with the foregoing orders and their provisions for election to district court.
For additional information, you may contact the Clerk of the Bankruptcy Appellate Panel for the Ninth Circuit at 125 S. Grand Ave., Pasadena, CA 91105 (telephone: (626) 229-7225).
WAYNE BLACKWELDER, CLERK
U.S. BANKRUPTCY COURT
BY: ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVE BLVD., STE, A
In pro per
IN RE: BEN and KAELYN DYE, and MICHAEL G. PETERS and JENNIFER L. PETERS and HARVEY P. MICKELSEN and STEPHANIE B; MICKELSEN
Case No.: 10-47982, 11-26173, 09-42649
DC No.: SPG-1.
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sena Gjerde, improperly joined party, herein appeal, to the United States Court of Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the. Eastern District of California, entered in this case on October 21, 2011 and all interlocutory orders that gave rise to that order, including but not limited to order to disgorge fees in this bankruptcy matter dated October 21, 2011, judgment for sanctions on Gctober.21, 2011.
___________________________
Sean Gjerde
In re
Marcus Alonzo Nieto and Hildy Jean Ortiz Debtor(s)
Bankruptcy Case No. 11-26173-B-7
Adversary Proceeding No.
Docket Control No. JPJ-1
CERTIFICATE OF MAILING
The undersigned clerk in the Office of the United States Bankruptcy Court for this district hereby certifies that copies of the Notice of Appeal and Notice of Referral of Appeal to the Bankruptcy Appellate Panel of the Ninth Circuit were mailed today to the following parties at their respective addresses as shown in the Court's records:
+-------------------------------------------------------------------+ ¦ ¦Marcus Nieto and Hildy¦ ¦ ¦James P. Chandler ¦ ¦Jan P Johnson ¦ ¦ ¦Ortiz ¦ ¦ ¦926 First Street West¦ ¦PO Box 1708 ¦ ¦ ¦8724 Cullen Court ¦ ¦ ¦Sonoma CA 95476 ¦ ¦Sacramento CA 95812 ¦ ¦ ¦Elk Grove CA 95624 ¦ ¦ +---------------------+----------------------+----------------------¦ ¦U.S. Trustee ¦Thomas A. Johnson ¦Sean P, Gjarde ¦ ¦ ¦ ¦ ¦ ¦501 I St #7-500 ¦400 Capitol Mall #1620¦8880 Elk Grove Blvd #A¦ ¦ ¦ ¦ ¦ ¦Sacramento, CA 95814 ¦Sacramento, CA 95814 ¦Elk Grove CA 95624 ¦ +---------------------+----------------------+----------------------¦ ¦J. Michael Hopper ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PO Box 73826 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Davis CA 95617 ¦ ¦ ¦ +-------------------------------------------------------------------+
Dated: 11/02/11
BY: ___________________________
Deputy Clerk
I talked to Vicky this morning about this new appeal. There was a previous appeal from 10/27/11 with the BAP # of 11-1607.
This new appeal is almost the same as the previous. Thanks for your help.
Steve
Deputy Clerk
US Bankruptcy Court Sacramento
In re: MARCUS ALONZO NIETO and HILDY JEAN ORTIZ, Debtor(s)
Case No. 11-26173-B-13J
DC No. JPJ-1
JUDGMENT OF CIVIL CONTEMPT
Findings of fact and conclusions of law having been stated orally on the record,
IT IS ORDERED and ADJUDGED that Sean P. Gjerde, California State Bar No. 217467, and James P. Chandler, California State Bar No. 215886, who do business as Northern California Law Center, PC, shall jointly and severally pay to Jan Johnson, chapter 13 trustee, the sum of $19,500, which sum reflects the additional professional services occasioned by their intentional civil contempt.
___________________________
UNITED STATES BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(ies) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed and by depositing said envelope in the United States mail or by placing said copy(ies) into an interoffice delivery receptacle located in the Clerk's Office.
James P. Chandler
926 First Street West
Sonoma CA 95476
Jan P Johnson
PO Box 1708
Sacramento CA 95812
Office of the U.S. Trustee
Robert T Matsui United States Courthouse
501 I Street, Room 7-500
Thomas A. Johnson
400 Capitol Mall, #1620
Sacramento, CA 95814
Sean Gjerde, Esq.
8880 Elk Grove Blvd., Suite A
Elk Grove, CA 95624
Marcus Alonzo Nieto
8724 Cullen Court
Elk Grove CA 95624
Hildy Jean Ortiz
8724 Cullen Court
Elk Grove CA 95624
___________________________
DEPUTY CLERK
BANKRUPTCY APPEAL TRANSMITTAL FORM
TO: Bankruptcy Appellate Panel of the Ninth Circuit
125 S. Grand Avenue
Pasadena, CA 91105
FROM: U.S. Bankruptcy Court
Eastern District of California
District Office No. 0972
DATE: 11/01/11
Debtor(s) Name: Harvey P. Mickelsen and Stephanie B. Mickelsen
Bankruptcy Case No. 09-42649 C-7
Adversary Proceeding No. ___________________________
Docket Control No. UST-1
Bankruptcy Judge (who signed the order): Christopher M. Klein
Date Notice of Appeal Filed: 10/31/11
Date of Entry of Order Appealed From: 10/26/2011 and 10/28/11
Date Bankruptcy Case Filed: 10/19/2009
Date Notice of Appeal and Notice of Referral of Appeal Mailed to Parties: 11/1/11
Filing Fee Paid? (Check One) [ ] Yes [√] No ___________________________
___________________________
Deputy Cleck
U.S. Bankruptcy Court
EDC 2-850 (Rev. 8/10/10)
In re Harvey P. Mickelsen Stephanie B. Mickelsen Debtor(s)
Bankruptcy Case No. 09-42649 C-7
Docket Control No. UST-1
NOTICE OF REFERRAL OF APPEAL TO THE BANKRUPTCY APPELLATE
PANEL OF THE NINTH CIRCUIT
The attached Notice of Appeal has been filed with the Clerk of the U.S. Bankruptcy Court for the Eastern District of California.
NOTICE IS HEREBY GIVEN that by virtue of 28 U.S.C. §158, and orders of the Judicial Council of the Ninth Circuit and the U.S. District Court for the Eastern District of California, the appeal has been referred to the Bankruptcy Appellate Panel of the Ninth Circuit.
NOTICE IS FURTHER GIVEN that any party other than the appellant wishing to have the appeal heard by the U.S. District Court must, within 30 days of the date of this notice, file with the Clerk of the Bankruptcy Appellate Panel a separate written statement of election to transfer the appeal to the U.S. District Court for the Eastern District of California. Upon receipt of a timely statement of election, the Clerk of the Bankruptcy Appellate Panel shall transfer the appeal to the U.S. District Court for the Eastern District of California, in conformity with the foregoing orders and their provisions for election to district court.
For additional information, you may contact the Clerk of the Bankruptcy Appellate Panel for the Ninth Circuit at 125 S. Grand Ave., Pasadena, CA 91105 (telephone: (626) 229-7225).
WAYNE BLACKWELDER, CLERK
U.S. BANKRUPTCY COURT
BY: ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVE BLVD., STE. A
In pro per
IN RE: BEN and KAELYN DYE, and MICHAEL G. PETERS and JENNIFER L. PETERS and HARVEY P. MICKELSEN and STEPHANIE B. MICKELSEN
Case No.: 10-47982, 11-26173, 0942649
DC No.: SPG-1
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sean Gjerde, improperly joined party, herein appeal to the United States Court of Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the Eastern District of California, entered in this case on October 21, 2011 and all interlocutory orders that gave rise to that order, including but not limited to order to disgorge fees in this bankruptcy matter dated October 21, 2011, judgment for sanctions on October 21, 2011.
___________________________
Sean Gjerde
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(ies) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed and by depositing said envelope in the United States mail or by placing said copy(ies) into an interoffice delivery receptacle located in the Clerk's Office.
Candy Dahl Goldman
2304 N St
Sacramento CA 95816-5716
James P. Chandler
926 First Street West
Sonoma CA 95476
Jan P Johnson
PO Box 1708
Sacramento CA 95812
Office of the U.S. Trustee
Robert T Matsui United States Courthouse
501 I Street, Room 7-500
Thomas A. Johnson
400 Capitol Mall, #1620
Sacramento, CA 95814
Sean Gjerde, Esq.
8880 Elk Grove Blvd., Suite A
Elk Grove, CA 95624
Michael and Jennifer Peters
9528 Conda Way
Elk Grove, CA 95624
___________________________
DEPUTY CLERK
Jessica Dallas
In re: MICHAEL G. PETERS and JENNIFER L. PETERS, Debtor(s).
In re: HARVEY P. MICKELSEN and STEPHANIE B. MICKELSEN
Case No. 10-47982-E-13L
Case No. 0S-42649-C-7
DC NO. UST-1
JUDGMENT OF CIVIL CONTEMPT
Findings of fact and conclusions of law having been stated orally cr. the record,
IT IS ORDERED and ADJUDGED that Sean P. Gjerde, California State Bar No. 217467, and James P. Chandler, California State Bar No. 2158 86, who do business as Northern California Law Center, PC, shall jointly and severally pay to Jan Johnson, chapter 13 trustee, the sum of $16,020, which sum reflects the additional professional services occasioned by their intentional civil contempt.
___________________________
UNITED STATE BANKRUPTCY JUDGE
In re: MICHAEL G. PETERS and JENNIFER L. PETERS, Debtor(s).
In re: HARVEY P. MICKELSEN and STEPHANIE B. MICKELSEN
Case No. 10-47982-E-13L
Case Ho. 09-42649-C-7
DC No. UST-1
JUDGMENT
This matter was pursued as an ancillary proceeding in the Mickelsen case. Findings of fact and conclusions of law having been stated orally on the record,
IT IS ORDERED and ADJUDGED that Sean P. Gjerde, California State Bar No. 2174 67, and James P. Chandler, California State Bar No. 2158 86, who do business as Northern California Law Center, PC, shall jointly and severally return $2,274 to the debtors Michael G. Peters and Jennifer L. Peters.
___________________________
UNITED STATE BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(ies) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed and by depositing said envelope in the United States mail or by placing said copy(ies) into an interoffice delivery receptacle located in the Clerk's Office.
Candy Dahl Goldman
2304 N St
Sacramento CA 95816-5716
James Pr Chandler
926 First Street West
Sonoma CA 95476
Jan P Johnson
PO Box 1708
Sacramento CA 95812
Office of the U.S. Trustee
Robert T Matsui United States Courthouse
501 I Street, Room 7-500
Thomas A. Johnson
400 Capitol Mall, #1620
Sacramento, CA 95814
Sean Gjerde, Esq.
8880 Elk Grove Blvd., Suite A
Elk Grove, CA 95624
Michael and Jennifer Peters
9528 Conda Way
Elk Grove, CA 95624
In re: MICHAEL G. PETERS and JENNIFER L. PETERS, Debtor(s).
In re: HARVEY P. MICKELSEN and STEPHANIE B. MICKELSEN
Case NO. 10-47982-E-13L
Case No. 09-42649-C-7
DC No. UST-1
AMENDED JUDGMENT OF CIVIL CONTEMPT
Findings of fact and conclusions of law having been stated orally on the record,
IT IS ORDERED and ADJUDGED that Sean P. Gjerde, California State Bar No. 217457, and James P. Chandler, California State Bar No. 215886, who do business as Northern California Law Center, PC, shall jointly and severally pay to the United States trustee, the sum of $16,020, which sum reflects the additional professional services occasioned by their intentional civil contempt.
___________________________
UNITED STATE BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(ies) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed and by depositing said envelope in the united states mail or by placing said copy(ies) into an interoffice delivery receptacle located in the Clerk's Office.
Candy Dahl Goldman
2304 N St
Sacramento CA 95816-5716
James P. Chandler
926 First Street West
Sonoma CA 95476
Jan P Johnson
PO Box 1708
Sacramento CA 95812
Office of the U.S. Trustee
Robert T Matsui United States Courthouse
501 I Street, Room 7-500
Thomas'A. Johnson
400 Capitol Mali, #1620
Sacramento, CA 95814
Sean Gjerde, Esq.
8880 Elk Grove Blvd., Suite A
Elk Grove, CA 95624
Michael and Jennifer Peters
9528 Conda Way
Elk Grove, CA 95624
___________________________
DEPUTY CLERK
Cathy Guyer
In re Harvey P. Mickelsen Stephanie B. Mickelsen Debtor(s)
Bankruptcy Case No. 09-42649 C-7
Adversary Proceeding No.
Docket Control No. UST-1
CERTIFICATE OF MAILING
The undersigned clerk in the Office of the United States Bankruptcy Court for this district hereby certifies that copies of the Notice of Appeal and Notice of Referral of Appeal to the Bankruptcy Appellate Panel of the Ninth Circuit were mailed today to the following parties at their respective addresses as shown in the Court's records:
+----------------------------------------------------------------------+ ¦Candy Dahl Goldman ¦Harvey P. Mickelsen ¦ ¦ ¦ ¦ ¦Office of the U.S. Trustee¦ ¦2304 N St ¦Stephanie B. Mickelsen ¦ ¦ ¦ ¦ ¦501 I St #7-500 ¦ ¦Sacramento, CA ¦19035 N 132nd Ave ¦ ¦ ¦ ¦ ¦Sacramento CA 95814 ¦ ¦95816-5716 ¦Sun City West, AZ 85375¦ ¦ +-------------------+-----------------------+--------------------------¦ ¦ ¦ ¦Michael Peters ¦ ¦Jan P. Johnson ¦James P. Chandler ¦ ¦ ¦ ¦ ¦Jennifer Peters ¦ ¦PO Box 1708 ¦926 1st St W ¦ ¦ ¦ ¦ ¦9528 Conda Way ¦ ¦Sacramento CA 95812¦Sonoma CA 95476 ¦ ¦ ¦ ¦ ¦Elk Grove CA 95627 ¦ +-------------------+-----------------------+--------------------------¦ ¦Ben Leando Dye ¦ ¦ ¦ ¦ ¦Thomas A. Johnson ¦Sean Gjerde ¦ ¦Kaelyn Marie Dye ¦ ¦ ¦ ¦ ¦400 Capitol Mall #1620 ¦8880 Elk Grove Blvd #A ¦ ¦12348 La Vida Ln ¦ ¦ ¦ ¦ ¦Sacramento CA 95814 ¦Elk Grove CA 95624 ¦ ¦Wilton CA 95693 ¦ ¦ ¦ +----------------------------------------------------------------------+
Dated: 11/01/11
BY: ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVE BLVD , STE A ELK GROVE, CA 95624
In pro per
IN RE MARK B JORGENSEN and KIMBERLY A JORGENSEN, and GEORGE CYRUS KNOWLTON and AMANDA LEE KNOWLTON
Case No 10-43436, 11-20290
DC No SPG-1
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sean Gjerde, improperly joined party, herein appeal to the United States Court of Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the Eastern District of California, entered in this case on December 12, 2011 on case number 10-43436 and all interlocutory orders that gave rise to that order, including but not limited to order to disgorge fees in this bankruptcy matter dated December 12, 2011, order on motion for contempt In regards to the matter of George and Amanda Knowlton case number 11 -20290, US Trustee was ordered to draft a order and has failed to do so Despite this the minute order entered on December 6, 2011 is sufficient to request appeal at this time
___________________________
Sean Gjerde
Antonia G. Darling - 76190
Assistant United States Trustee
UNITED STATES DEPARTMENT OF JUSTICE
Attorneys for August B. Landis,
Acting United States Trustee, Region 17
In re: GEORGE CYRUS KNOWLTON and AMANDA KNOWLTON Debtors
ACTING UNITED STATES TRUSTEE, August B. Landis, Movant
v.
SEAN P. GJERDE Respondent
CASE NO.: 11-20290-A-7
D.C. No.: UST-3
Date: December 5, 2011
Place: Courtroom 28 United States Courthouse 501 I Street, 7th floor Sacramento, California
ORDER
The Court's Findings of Fact and Conclusions of Law are included in the Court's Civil Minutes, Docket # 99, filed December 6, 2011. The Acting United States Trustee's motion is granted in part:
IT IS ORDERED that Sean Gjerde is found to be in contempt of the Court's Order of May 3, 2011. The Acting United States Trustee may obtain a writ of execution and enforce the May 3, 2011 order against Mr. Gjerde, directing Sean Gjerde to refund $1,000 to the debtors, and pay $1,613.83 to the Acting United States Trustee as reasonable attorneys fees.
By the Court:
Michael S. McManus
United States Bankruptcy Judge
BANKRUPTCY APPEAL TRANSMITTAL FORM
TO Bankruptcy Appellate Panel of the Ninth Circuit
125 S Grand Avenue
Pasadena, CA 91105
FROM U S Bankruptcy Court
Eastern District of California
District Office No 0972
DATE 12/22/11
Debtor(s) Name Mark B Jorgensen and Kimberly A Jorgensen
Bankruptcy Case No 10-43436-E-13
Adversary Proceeding No ___________________________
Docket Control No UST-3
Bankruptcy Judge (who signed the order) Ronald H Sargis
Date Notice of Appeal Filed 12/20/11
Date of Entry of Order Appealed From 12/12/11
Date Bankruptcy Case Filed 9/1/10
Date Notice of Appeal and Notice of Referral of Appeal Mailed to Parties 12/20/11
Filing Fee Paid? (Check One) [ ] Yes [√] No ___________________________
___________________________
Deputy Clerk
U S Bankruptcy Court
In re Mark B Jorgensen and Kimberly A Jorgensen Debtor(s)
Bankruptcy Case No 10-43436-E-13
Docket Control No UST-3
NOTICE OF REFERRAL OF APPEAL TO THE BANKRUPTCY APPELLATE
PANEL OF THE NINTH CIRCUIT
The attached Notice of Appeal has been filed with the Clerk of the U S Bankruptcy Court for the Eastern District of California
NOTICE IS HEREBY GIVEN that by virtue of 28 U S C §158 and orders of the Judicial Council of the Ninth Circuit and the U S District Court for the Eastern District of California the appeal has been referred to the Bankruptcy Appellate Panel of the Ninth Circuit
NOTICE IS FURTHER GIVEN that any party other than the appellant wishing to have the appeal heard by the U S District Court must, within 30 days of the date of this notice, file with the Clerk of the Bankruptcy Appellate Panel a separate written statement of election to transfer the appeal to the U S District Court for the Eastern District of California Upon receipt of a timely statement of election the Clerk of the Bankruptcy Appellate Panel shall transfer the appeal to the U S District Court for the Eastern District of California in conformity with the foregoing orders and their provisions for election to district court
For additional information you may contact the Clerk of the Bankruptcy Appellate Panel for the Ninth Circuit at 125 S Grand Ave Pasadena CA 91105 (telephone (626) 229-7225)
WAYNE BLACKWELDER, CLERK
U S BANKRUPTCY COURT
BY ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVF BLVD STE A
In pro per
IN RE MARK B JORGENSE andKIMBERLY A JORGNSEN and GEORGE CYRUS KNOWLION and AMANDALLE KNOWLION
Case No 10-4343, 11-20290
DC No SPG-1
NOTICE OF APPEAL TO THE UNTIED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sean Gjerde improperly joined party, herein appeal to the United States Court ot Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the Eastern District of California, entered in this case on December 12, 2011 on case number 10-43436 and all interlocutory orders that gave rise to that order, including but not limited to order to disgorge tees in this bankruptcy matter dated December 12 2011 order on motion for contempt In regards to the matter of George and Amanda Knowlton case number 11-20290, US Trustee was ordered to draft a order and has failed to do so Despite this the minute order entered on December 6, 2011 is sufficient to request appeal at this time
___________________________
Sean Gjerde
Case Title Mark B Jorgensen and Kimberly A Jorgensen
Case No 10-43436 - E - 13L
Matter [61] - Motion/Application For Civil Contempt [UST-3] Filed by U S Trustee August B Landis (shbs)
Judge Courtroom Deputy Reporter Department Ronald H Sargis Janet Larson Diamond Reporters E
APPEARANCES for Movant(s) U S Trustee s Attorney - Antonia Darling
Respondent(s) Debtor(s) Attorney - James P Chandler Neil Enmark (for the Trustee)
CIVIL MINUTE ORDER
Findings of Fact and Conclusions of Law are stated in the Civil Minutes for the hearing
The Motion for and Order of Contempt filed by the Acting United States Trustee having been presented to the court and upon review of the pleadings evidence arguments of counsel and good cause appearing
IT IS ORDERED that the Motion is granted Sean P Gjerde and James P Chandler and each of them are determined to be in civil contempt for the failure to pay the $3 000 00 to Mark B Jorgensen and Kimberly A Jorgensen, on or before May 13 2011
IT IS FURTHER ORDERED that Sean P Gjerde and James P Chandler and each of them shall report this filing of Civil Contempt for the failure to pay the S3 000 00 to Mark B Jorgensen and Kimberly A Jorgensen to the California State Bar
IT IS FURTHER ORDERED that the April 27 2011 order, Dckt 43 for payment of $3,000 00 plus all interest and costs computed from May 14 2011 until paid may be enforced by Mark B Jorgensen or Kimberly A Jorgensen against Sean P Gjerde and James P Chandler jointly and severally in the same manner as a civil judgment issued by this court pursuant to Fed R Civ P 69 and Fed R Bankr P 7069 and 9014
By the Court
___________________________
Ronald H Sargis, Judge
United States Bankruptcy Judge
In re Mark B Jorgensen and Kimberly A Jorgensen Debtor(s)
Bankruptcy Case No 10-43436-E-13
Docket Control No UST-3
NOTICE OF REFERRAL OF APPEAL TO THE BANKRUPTCY APPELLATE
PANEL OF THE NINTH CIRCUIT
The attached Notice of Appeal has been filed with the Clerk of the U S Bankruptcy Court for the Eastern District of California
NOTICE IS HEREBY GIVEN that by virtue of 28 U S C §158, and orders of the Judicial Council of the Ninth Circuit and the U S District Court for the Eastern District of California the appeal has been referred to the Bankruptcy Appellate Panel of the Ninth Circuit
NOTICE IS FURTHER GIVEN that any party other than the appellant wishing to have the appeal heard by the U S District Court must within 30 days of the date of this notice file with the Clerk of the Bankruptcy Appellate Panel a separate written statement of election to transfer the appeal to the U S District Court for the Eastern District of California Upon receipt of a timely statement of election the Clerk of the Bankruptcy Appellate Panel shall transfer the appeal to the U S District Court for the Eastern District of California in conformity with the foregoing orders and their provisions for election to district court
For additional information you may contact the Clerk of the Bankruptcy Appellate Panel for the Ninth Circuit at 125 S Grand Ave Pasadena CA 91105 (telephone (626) 229-7225)
WAYNE BLACKWELDER CLERK
U S BANKRUPTCY COURT
BY ___________________________
Deputy Clerk
SEAN GJERDE
8880 ELK GROVE BLVD , STE A
ELK GROVE, CA 95624
In pro per
IN RE MARK B JORGENSEN and KIMBERLY A JORGENSEN, and GEORGE CYRUS KNOWLTON and AMANDA LEE KNOWLTON
Case No 10-4343, 11-20290
DC No SPG-1
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
Sean Gjerde, improperly joined party, herein appeal to the United States Court of Appeal for the Ninth Circuit from the final order/judgment of the Bankruptcy Court of the Eastern District of California, entered in this case on December 12, 2011 on case number 10-43436 and all interlocutory orders that gave rise to that order, including but not limited to order to disgorge fees in this bankruptcy matter dated December 12, 2011, order on motion for contempt In regards to the matter of George and Amanda Knowlton case number 11-20290, US Trustee was ordered to draft a order and has failed to do so Despite this the minute order entered on December 6, 2011 is sufficient to request appeal at this time
___________________________
Sean Gjerde
In re Mark B Jorgensen and Kimberly A Jorgensen Debtor(s)
Bankruptcy Case No 10-43436-E-13
Adversary Proceeding No
Docket Control No UST-3
CERTIFICATE OF MAILING
The undersigned clerk in the Office of the United States Bankruptcy Court for this district hereby certifies that copies of the Notice of Appeal and Notice of Referral of Appeal to the Bankruptcy Appellate Panel of the Ninth Circuit were mailed today to the following parties at their respective addresses as shown in the Court s records
+-------------------------------------------------------------------+ ¦ ¦ ¦Office of the U S Trustee¦ ¦Mark B Jorgensen ¦Kimberly A Jorgensen¦ ¦ ¦ ¦ ¦c/o Antonia Darling ¦ ¦8564 New Valley Way ¦8564 New Valley Way ¦ ¦ ¦ ¦ ¦501 I Street #7-500 ¦ ¦Sacramento, CA 95828¦Sacramento CA 95828 ¦ ¦ ¦ ¦ ¦Sacramento CA 95814 ¦ +--------------------+--------------------+-------------------------¦ ¦ ¦Lawrence J Loheit ¦ ¦ ¦James Chandler ¦ ¦ ¦ ¦ ¦c/o Neil Enmark ¦ ¦ ¦926 1st St West ¦ ¦ ¦ ¦ ¦PO Box 1858 ¦ ¦ ¦Sonoma CA 95476 ¦ ¦ ¦ ¦ ¦Sacramento CA 95812 ¦ ¦ +-------------------------------------------------------------------+
Dated 12/22/11
BY ___________________________
Deputy Clerk
In re: HILDY ORTIZ and MARCUS NIETO; Debtors.
In re: HARVEY P. MICKELSEN; STEPHANIE B. MICKELSEN; Debtors.
In re: GEORGE CYRUS KNOWLTON; AMANDA LEE KNOWLTON; Debtors.
In re: MARK B. JORGENSEN; KIMBERLY A. JORGENSEN; Debtors.
SEAN GJERDE, JAMES P. CHANDLER, Appellants,
v.
HILDY ORTIZ; MARCUS NIETO; HARVEY P. MICKELSEN; STEPHANIE B. MICKELSEN; GEORGE CYRUS
BAP No. EC-11-1607
BAP No. EC-11-1619
Bk. No. 11-26173
BAP No. EC-11-1613
Bk. No. 09-42649
BAP No. EC-11-1715
Bk. No. 11-20290
BAP No. EC-11-1722
BAP No. EC-11-1740
Bk. No. 10-43436
ORDER REINSTATING APPEALS (Action Required)
KNOWLTON; AMANDA LEE KNOWLTON; UNITED STATES TRUSTEE; MARK B. JORGENSEN; KIMBERLY A. JORGENSEN; JAN JOHNSON, Chapter 13 Trustee, Appellees. Before: HOLLOWELL, KIRSCHER and MARKELL, Bankruptcy Judges.
The above-referenced appeals have been judicially reviewed.
BAP Appeal No. EC-11-1607 is an appeal filed by Sean Gjerde from an October 25, 2011 order requiring the return of $3,000 to Marcus Alonso Nieto and Hildy Jean Ortiz. EC-11-1607 was dismissed on February 7, 2012 for failure to pay the filing fees and failure to file the opening brief.
BAP Appeal No. EC-11-1613 is an appeal filed by Sean Gjerde requiring from an October 25, 2011 order requiring the payment of $16,200 to Jan Johnson, Chapter 13 Trustee with respect to the bankruptcy case of Harvey P. Mickelsen and Stephanie B. Mickelsen. A conditional order of dismissal was issued in this appeal on January 10, 2012, which required appellant to file a response. On January 23, 2012, appellant filed a combined statement of issues and opening brief with respect to EC-11-1613.
BAP Appeal No. EC-11-1619 is an appeal filed by Sean Gjerde from an October 25, 2011 order requiring the payment of $19,500 to Jan Johnson, Chapter 13 Trustee with respect to the bankruptcy case of Marcus Alonso Nieto and Hildy Jean Ortiz.
BAP Appeal No. EC-11-1715 is an appeal filed by Sean Gjerde from a December 12, 2011 order finding Mr. Gjerde to be in contempt of the bankruptcy court's order, requiring the refund of $1,000 to debtors George Cyrus Knowlton and Amanda Knowlton, and awarding $1,613.83 to the United States Trustee. EC-11-1715 was dismissed on February 7, 2012 for failure to file the record on appeal and failure to pay the filing fees.
BAP Appeal No. EC-11-1722 is an appeal filed by Sean Gjerde from a December 12, 2011 order requiring the payment of $3,000 to Mark B. Jorgensen and Kimberly A. Jorgensen. EC-11-1722 was dismissed on February 7, 2012 for failure to file the record on appeal and failure to pay the filing fees.
BAP Appeal No. EC-11-1740 is an appeal filed by James Chandler from the same December 12, 2011 order requiring the payment of $3,000 to Mark B. Jorgensen and Kimberly A. Jorgensen that is at issue in EC-11-1722. EC-11-1740 was dismissed on February 7, 2012 for failure to file the record on appeal and failure to pay the filing fees.
On January 19, 2012, Mr. Sean Gjerde filed a motion for leave to proceed in forma pauperis that appears to relate to all of the above-referenced appeals.
On February 13, 2012, Mr. Gjerde filed a motion for reconsideration of dismissal that appears to relate to the above-referenced appeals.
Out of an abundance of fairness and due process to the parties, IT IS ORDERED THAT BAP Appeal Nos. EC-11-1607, EC-11-1715, EC-11-1722, and EC-11-1740 are hereby ORDERED REINSTATED.
BAP Nos. EC-11-1613 and EC-11-1619 are not being reinstated since these appeals have not been dismissed. It is unclear why Gjerde references EC-11-1643 in his motions, since Gjerde is not the appellant in that appeal, the appeal fee has been paid in EC-11-1643, and the brief in EC-11-1643 is due on February 27, 2012.
No later than Monday, March 26, 2012, appellant James P. Chandler must file with the BAP and serve on opposing counsel a written response indicating that the filing and docketing fees in the amount of $298 have been paid with respect to EC-11-1740.
If Chandler would like to include his arguments regarding EC-11-1740 in the joint brief that Chandler is required to file in BAP Nos. EC-11-1641, EC-11-1643, EC-12-1015, EC-12-1016, EC-12-1017, EC-12-1018, and EC-12-1019, he may do so. However, Chandler must include the BAP No. EC-11-1740 on the cover page of his brief.
IT IS FURTHER ORDERED THAT Gjerde's IFP motion with respect to EC-11-1607, EC-11-1613, EC-11-1619, EC-11-1715 and EC-11-1722 will be forwarded to the U.S. District Court for its consideration on Friday, March 2, 2012.
A joint briefing schedule will be issued with respect to the above-referenced appeals following resolution of the fee issues outlined above.
Failure to comply with the requirements of this order will result in dismissal of these appeals for lack of prosecution without further notice to the parties. 9th Cir. BAP R. 8070-1.
In re: MARCUS ALONZO NIETO; HILDY JEAN ORTIZ Debtors
SEAN GJERDE Appellant
v.
J. MICHAEL HOPPER, Trustee; UST-UNITED STATES TRUSTEE, SACRAMENTO; HILDY JEAN ORTIZ; MARCUS ALONZO NIETO Appellees
BAP No. EC-11-1607
Bankr. No. 11-26173
Chapter 7
ORDER OF DISMISSAL
The attached "Notice of Deficient Appeal and Possible Dismissal" was served on the parties. The parties have failed to file a written response showing legal cause why this appeal should not be dismissed.
Therefore, it is hereby ORDERED that the appeal is DISMISSED for failure to prosecute.
This order is subject to reconsideration by the Panel if a written request for judicial review is received within FOURTEEN (14) days of the entry of the order. 9th Cir. BAP Rule 8070-1.
A certified copy of this order sent to the Bankruptcy Court shall constitute the mandate of the Panel.
Susan M Spraul, BAP Clerk
By: Vicky Jackson-Walker, Deputy Clerk
Filed and entered: February 7, 2012
CERTIFICATE OF MAILING
The undersigned, deputy Clerk of the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, hereby certifies that a copy of the document to which this certificate is attached was transmitted this date to all parties of record to this appeal, to the United States Trustee and to the Clerk of the Bankruptcy Court.
By: Vicky Jackson-Walker, Deputy Clerk
Date: February 7, 2012
In re: MARCUS ALONZO NIETO; HILDY JEAN ORTIZ Debtors
SEAN GJERDE Appellant
v.
J. MICHAEL HOPPER, Trustee; UST-UNITED STATES TRUSTEE, SACRAMENTO; HILDY JEAN ORTIZ; MARCUS ALONZO NIETO Appellees
BAP No. EC-11-1607
Bankr. No. 11-26173
Chapter 7
CONDITIONAL ORDER OF DISMISSAL
The parties were notified that the briefing schedule was set in this appeal. The Appellant's opening brief and excerpts of the record have not been received. The appellant's opening brief due date was 12/23/11.
Therefore, it appears that the Appellant is not diligently prosecuting this appeal. Sanctions, including dismissal, are appropriate. 9th Cir. BAP Rule 8009(a)-1(b)(3).
It is ORDERED that this appeal will be DISMISSED as of January 24, 2012 unless, by that date, the Appellant files a brief and excerpts of the record or shows legal cause why this appeal should not be dismissed. Any response to this order is to be filed with the Panel Clerk and served upon opposing counsel.
If the Appellant has decided to dismiss this appeal, a motion or stipulation to dismiss should be filed. See FRBP 8001(c).
Susan M Spraul, BAP Clerk
By: Vicky Jackson-Walker, Deputy Clerk
Filed and entered: January 10, 2012
cc: All Parties
SEAN GJERDE
8880 ELK GROVE BLVD., STE. A
ELK GROVE, CA 95624
In pro per
IN RE: HARVEY P. MICKELSEN AND STEPHANIE B. MICKELSEN
IN RE: MARCUS NIETO AND HILDY ORTIZ
IN RE: MICHAEL G. PETERS AND JENNIFER L. PETERS
IN RE:. BEN LEANDRO DYE AND KAELYN MARIE DYE
Case No.: 09-42649
BAP No.: EC-11-1613
RESPONSE IN REGARDS TO FILING FEE
Case No.:11-26.173
BAP No.:EC41-1607
BAP No.: EC-l 1-1619
BAP No.: EC-l 1-1643
Case No.: 10-47982
Case No.: 11-22020
Due to the cut off of all ECF filing with the local bankruptcy court, filing fees for the appeals listed above are now currently being paid. Appellant accidently-mailed out-check to BAP directly, this is now being corrected. Appellant requests this matter remain open until check can be processed.
___________________________
Sean Gjerde