Savage v. Savage, No. 1:2020cv00120 - Document 7 (D. Idaho 2020)

Court Description: MEMORANDUM DECISION AND ORDER re 3 MOTION to Transfer Case filed by Colette Clair Savage. IT IS ORDERED that Appellant's Motion to Transfer this appeal to the BAP (Dkt. 3 ) is DENIED. 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)

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Savage v. Savage Doc. 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Collette Claire Savage, Case No.: 1:20-cv-00120-BLW Debtor/Appellant, MEMORANDUM DECISION AND ORDER v. Mark Savage, Appellee. INTRODUCTION Before the Court is Appellant Collette Claire Savage’s motion to transfer this appeal to the Ninth Circuit’s Bankruptcy Appellate Panel (BAP) (Dkt. 3). For the reasons set forth below, the Court will deny the motion. ANALYSIS Appellant Collette Savage seeks to have this appeal heard before the Ninth Circuit BAP. The Appellee, however, timely objected to having the appeal decided by the BAP. See Dkt. 1-8. Under 28 U.S.C. § 158(c)(1)(B), either party to an appeal can elect to have an appeal from a bankruptcy court decision decided by a district court. To exercise that right, an appellee must file an election within 30 days after being served with the notice of appeal. Appellee Mark Savage complied with that rule. As such, this MEMORANDUM DECISION & ORDER - 1 Dockets.Justia.com Court has no authority to transfer the appeal back to the BAP. 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”). Appellant’s motion will therefore be denied. ORDER IT IS ORDERED that Appellant’s Motion to Transfer this appeal to the BAP (Dkt. 3) is DENIED. DATED: April 10, 2020 _________________________ B. Lynn Winmill U.S. District Court Judge MEMORANDUM DECISION & ORDER - 2

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