Savage v. Savage, No. 1:2020cv00120 - Document 24 (D. Idaho 2020)
Court Description: MEMORANDUM DECISION AND ORDER. IT IS ORDERED that: Appellant Colette Claire Savage's Motion for "Reconsideration Fraud Creditor Claim", filed on July 21, 2020 (Dkt. 21 ) is DENIED. Appellant Colette Claire Savage's Motion for &q uot;Reconsideration Fraud Creditor Claim", filed on July 24, 2020 (Dkt. 23) is DENIED. No further filings will be entertained in this closed appeal. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
Download PDF
<![CDATA[
Savage v. Savage Doc. 24 Case 1:20-cv-00120-BLW Document 24 Filed 10/27/20 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO In re: Case No. 1:20-cv-00120-BLW COLETTE CLAIRE SAVAGE, Debtor, ______________________________ MEMORANDUM DECISION AND ORDER Colette Claire Savage, Appellant, v. Mark Savage, Appellee. INTRODUCTION In June 2020, the Court entered a decision dismissing this bankruptcy appeal. The appeal had become moot because a few months after Ms. Savage filed the appeal because the bankruptcy court dismissed her bankruptcy case. As the Court explained in its earlier order, “[e]ven if Ms. Savage prevails on appeal, there is no remaining bankruptcy case and, therefore, no continued right to an automatic stay.” June 22, 2020 Order, Dkt. 19, at 3. Ms. Savage did not appeal this Court’s order to the Ninth Circuit. Instead, she has filed two additional post-judgment MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com Case 1:20-cv-00120-BLW Document 24 Filed 10/27/20 Page 2 of 3 motions in this Court. See Dkts. 21, 23. The pro se filings are lengthy and cover various topics, but the gist is that Ms. Savage remains unhappy with the bankruptcy court’s decision. She is also unhappy with the fact that a district court, rather than the Ninth Circuit’s Bankruptcy Appellate Panel, decided this appeal. See, e.g., Motion captioned “Reconsideration Fraud Creditor Claim,” Dkt. 21, at 6 (“Knowing I endured great prejudice why did this court not transfer my case back to the Bankruptcy Appellate board.”) DISCUSSION The Court will deny both pending motions because Ms. Savage has not identified any authority which would warrant altering or amending the judgment. Otherwise, as the Court explained earlier, a district court has no authority to transfer an appeal to a Bankruptcy Appellate Panel if either side timely elects to have the matter heard in district court. See 28 U.S.C. § 158(c)(1)(B); see also Fed. R. Bankr. P. 8005; Dist. Idaho L. Bank. R. 8001.1(c)(2) (“Upon timely receipt of a written objection to an appeal being heard and determined by the BAP, jurisdiction over the appeal shall be immediately transferred to the district court”). ORDER IT IS ORDERED that: (1) Appellant Colette Claire Savage’s Motion for “Reconsideration Fraud Creditor Claim”, filed on July 21, 2020 (Dkt. 21) is DENIED. MEMORANDUM DECISION AND ORDER - 2 Case 1:20-cv-00120-BLW Document 24 Filed 10/27/20 Page 3 of 3 (2) Appellant Colette Claire Savage’s Motion for “Reconsideration Fraud Creditor Claim”, filed on July 24, 2020 (Dkt. 23) is DENIED. (3) No further filings will be entertained in this closed appeal. DATED: October 27, 2020 _________________________ B. Lynn Winmill U.S. District Court Judge MEMORANDUM DECISION AND ORDER - 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
