In Re: Seunghwan Jeong et al
| Seunghwan Jeong and Seung Hwan Jeong |
| Amy Park Jeong and Hyekyung Park |
| Jin Ree |
| 8:2019cv01826 |
| September 25, 2019 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
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Filing 3
ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS #2 by Judge Cormac J. Carney. IT IS ORDERED that the Request to Proceed In Forma Pauperis is hereby: GRANTED. (iv)
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| Filing 2 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Appellant Jin Ree. (car) |
| Filing 1 UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT ORDER TRANSFERRING IFP MOTION. 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. The bankruptcy court did not make a certification regarding whether the appeal is frivolous. Under the holding of Perroton v. Gray (In re Perroton), 958 F.2d889(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 Central District of California for the limited purpose of ruling on the IFP Motion. [See order for further details] (Attachments: #1 BAP Docket) (car) |
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