In Re: Kimberly Bruce

In Re: Kimberly Bruce

Case Number:	7:2021cv07455
Filed:	December 27, 2021
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BA

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Date Filed	Document Text
December 27, 2021	Filing 15 OPINION & ORDER re: 9 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. § 158(d)(2) filed by Citigroup Inc., Citibank, N.A., 3 MOTION for Leave to Appeal filed by Citigroup Inc., Citibank, N.A. For the foregoing reasons, the motion to certify the Bankruptcy Court's order for direct appeal is GRANTED, and the Court certifies that the order "involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States." 28 U.S.C. § 158(d)(2)(A)(i). The motion for leave to proceed with an interlocutory appeal in this Court is denied without prejudice to renewal should the Second Circuit decline to accept the direct appeal. The Clerk is respectfully directed to terminate the pending motions, (ECF Nos. 3, 9), transmit a copy of this Order to the Second Circuit, and close the case. Should the Court of Appeals decline to accept the appeal, the parties may move to re-open the case in this Court. SO ORDERED. (Signed by Judge Cathy Seibel on 12/27/2021) (mml) Transmission to Appeals Clerk. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

December 27, 2021

Filing 15 OPINION & ORDER re: 9 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. § 158(d)(2) filed by Citigroup Inc., Citibank, N.A., 3 MOTION for Leave to Appeal filed by Citigroup Inc., Citibank, N.A. For the foregoing reasons, the motion to certify the Bankruptcy Court's order for direct appeal is GRANTED, and the Court certifies that the order "involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States." 28 U.S.C. § 158(d)(2)(A)(i). The motion for leave to proceed with an interlocutory appeal in this Court is denied without prejudice to renewal should the Second Circuit decline to accept the direct appeal. The Clerk is respectfully directed to terminate the pending motions, (ECF Nos. 3, 9), transmit a copy of this Order to the Second Circuit, and close the case. Should the Court of Appeals decline to accept the appeal, the parties may move to re-open the case in this Court. SO ORDERED. (Signed by Judge Cathy Seibel on 12/27/2021) (mml) Transmission to Appeals Clerk. Transmission to Orders and Judgments Clerk for processing.

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