Torres et al
| Rosee Torres and Noel Torres |
| Wells Fargo Bank, N.A. |
| 1:2018cv05279 |
| August 2, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Appellants' motion #22 to strike counter-designation is denied because the counter-designations either are sourced to the bankruptcy record or are documents (that is, state court filings and decisions) referred to in Appellants' own brief. Appellants are reminded that the response to the dismissal motion #19 is due on 10/09/2018, per R. 21. Emailed and mailed notice (slb, ) |
| Filing 25 RESPONSE by Wells Fargo Bank, N.A.in Opposition to MOTION by Appellants Noel Torres, Rosee Torres to strike #22 (Sowka, James) |
| Filing 24 NOTICE of Motion by Noel Torres, Rosee Torres for presentment of motion to strike Wells Fargo's counter-designation of record #22 before Honorable Edmond E. Chang on 9/20/2018 at 08:30 AM. (jk, ) |
| Filing 23 REPLY by Appellants Noel Torres, Rosee Torres to Wells Fargo's motion to extend briefing schedule. (jk, ) |
| Filing 22 MOTION by Appellants Noel Torres, Rosee Torres to strike Wells Fargo's counter-designation of record. (jk, ) |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang:In light of Appellee's motion to dismiss #19 for lack of jurisdiction, the briefing on the appeal is suspended. Appellee's extension motion #17 is terminated as unnecessary. Appellants shall respond to the motion to dismiss by 10/09/2018. Appellee shall reply by 10/23/2018. Emailed and mailed notice (slb, ) |
| Filing 20 NOTICE of Motion by James B. Sowka for presentment of motion to dismiss #19 before Honorable Edmond E. Chang on 9/13/2018 at 08:30 AM. (Sowka, James) |
| Filing 19 MOTION by Appellee Wells Fargo Bank, N.A. to dismiss Debtors' Appeal (Sowka, James) |
| Filing 18 NOTICE of Motion by James B. Sowka for presentment of motion for extension of time to file response/reply #17 before Honorable Edmond E. Chang on 9/13/2018 at 08:30 AM. (Sowka, James) |
| Filing 17 MOTION by Appellee Wells Fargo Bank, N.A. for extension of time to file response/reply (Sowka, James) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: The appellants' brief has been filed. Under the previously set briefing schedule, R. 3, the appellee's response is due by 09/21/2018 and the appellants' reply is due 10/05/2018. The status hearing of 09/11/2018 is reset to 12/07/2018 at 8:30 a.m. The Court is not likely to need oral argument, but will give the parties advance notice if that plan changes. Emailed and mailed notice (slb, ) |
| Filing 15 APPELLANTS' Brief by Noel Torres, Rosee Torres (Attachments). (yap, ) |
| Filing 14 SUPPLEMENT to bankruptcy appeal #1 (USBC-Green, ) |
| Filing 13 TRANSCRIPT OF BANKRUPTCY PROCEEDINGS held on 7/31/2018 regarding Notice of Appeal #1 . (To view an image of this document please visit the Bankruptcy Court docket.) (Attachments: #1 Transmittal Letter)(USBC-Green, ) |
| Filing 12 SUPPLEMENT to bankruptcy appeal #1 Appellant/Appellee Designation of Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Transmittal Letter)(USBC-Green, ) Modified on 8/31/2018 (sm, ). |
| Filing 11 ANSWER by Appellants Torres' to Wells Fargo's preliminary objection to Appellants' motion for stay pending appeal (Attachment). (yap, ) |
| Filing 10 ATTORNEY Appearance for Appellee Wells Fargo Bank, N.A. by Paul John Yovanic, Jr and Request For All Notices (Yovanic, Paul) |
| Filing 9 OBJECTIONS by Wells Fargo Bank, N.A. to MOTION by Appellants Noel Torres, Rosee Torres to stay #4 /Preliminary Objection to Appellants' Motion For Stay Pending Appeal (Sowka, James) |
| Filing 8 ATTORNEY Appearance for Appellee Wells Fargo Bank, N.A. by James B. Sowka /and Request For All Notices (Sowka, James) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Appellants' motion #4 to stay enforcement of the 07/31/2018 bankruptcy court order is denied. In evaluating whether to issue a stay pending appeal, courts consider the likelihood of success; irreparable harm to the appellant; harm to other parties, like the appellee; and the public interest. Chafin v. Chafin, 133 S. Ct. 1017, 1027 (2013). In this case, the bankruptcy court granted Wells Fargo's motion to lift the automatic stay so that the state court foreclosure proceeding may continue. It appears that Wells Fargo won a foreclosure judgment in the Circuit Court of Cook County, 2016-CH-05738. Bankr. R. 33, Exh. D. The appellants appealed the judgment and apparently were unsuccessful, and have filed a petition for leave to appeal to the Illinois Supreme Court. The relief from the automatic stay simply permits the state court proceeding to go forward in a situation where the Trustee filed a no-assets report, just as the bankruptcy court reasoned. See R. 46, Transcript of 07/31/2018 Hearing. At least at this preliminary phase of the appeal, the appellants have not shown a sufficient likelihood of success to justify a stay pending appeal. Emailed and mailed notice (slb, ) |
| Filing 6 NOTICE of Motion by Noel Torres, Rosee Torres for presentment of motion to stay #4 before Honorable Edmond E. Chang on 8/16/2018 at 08:30 AM. in courtroom 2119. (yap, ) |
| Filing 5 SUPPLEMENT to appellants' motion for stay #4 . (yap, ) |
| Filing 4 MOTION by Appellants Noel Torres, Rosee Torres for stay pending appeal (Attachments). (yap, ). |
| Filing 3 MINUTE entry before the Honorable Edmond E. Chang: Parties are to follow Bankruptcy Rule 8009 designations for bankruptcy appeal. Briefing schedule is set as follows: 09/06/2018 for Appellant to file the opening brief; 09/21/2018 for Appellee's response; and 10/05/2018 for Appellant's reply. Page limits, as set forth in the case management procedures, are 35 for principal briefs and 15 pages for the reply. Status hearing set for 09/11/2018 at 9:30 AM.Emailed and mailed notice (slb, ) |
| Filing 2 MAILED Bankruptcy Rule 8010(3) letter to all parties of record (sxb, ) |
| Filing 1 APPEAL from U.S. Bankruptcy Court case number 18 B 13068 (Judge Thorne) (Attachments: #1 Transmittal Letter, #2 Civil Cover Sheet, #3 Exhibit, #4 Exhibit)(USBC-Green, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Michael T. Mason. (rc, ) |
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