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- ilnd;;1:19-cv-06513_de31 RegisterActionDate "2020-03-10" @default.
- ilnd;;1:19-cv-06513_de31 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: In this bankruptcy appeal, one of the previously assigned judges denied a stay pending appeal. R. 18. Plaintiff has filed a notice of appeal from the stay denial with the Seventh Circuit. R. 27. Generally speaking, a notice of appeal moves jurisdiction from the district court to the Seventh Circuit. But because the denial of the stay propriety is at issue on the appeal, rather than the ultimate merits of the bankruptcy appeal, this Court may proceed with the bankruptcy appeal. See MillerCoors LLC v. Anheuser-Busch Cos., LLC, 940 F.3d 922, 930 (7th Cir. 2019). But the parties must bring to the Court's attention (via a motion to stay this appeal) any reason to believe that proceeding with the bankruptcy appeal will interfere with the Seventh Circuit appeal. With jurisdiction apparently secure for now, the Court considers Plaintiff's motion 22 to proceed in forma pauperis. The motion is denied, because Plaintiff appears to be a Chapter 13 debtor. Fees in bankruptcy cases are governed by 28 U.S.C. § 1930. Section 1930(f)(1) authorizes a waiver of the initial filing fee only "in a case under chapter 7 of title 11 for an individual" and only if that individual's income meets certain requirements. 28 U.S.C. § 1930(f)(1). Section 1930(f)(2) then permits the waiver of fees under subsection (b) (which includes appellate filing fees) but **only** "for such debtors" meaning debtors for whom the initial filing fee in the case was waived under section 1930(f)(1), which is limited to Chapter 7 debtors. To be sure, Section 1930(f)(3) seems to suggest that other debtors (and, for that matter, creditors) might be eligible for waiver of fees, but only pursuant to Judicial Conference policyand there is no policy on that issue. The motion 22 to proceed in format pauperis must be denied, and Plaintiff must pay the $298 filing fee by 04/06/2020. Separately, Plaintiff's motion 20 to extend the briefing schedule is granted insofar as briefing is suspended until the fee status is resolved. Only to track the filing of the payment of the fee (no appearance is required, and the case will not be called), a status hearing is set for 04/10/2020 at 8:30 a.m. Mailed notice (mw, ) (Entered: 03/10/2020)" @default.
- ilnd;;1:19-cv-06513_de31 AdministrativeID "31" @default.
- ilnd;;1:19-cv-06513_de31 OntologyLabel minute_entry @default.
- ilnd;;1:19-cv-06513_de31 hasReferenceToOtherEntry ilnd;;1:19-cv-06513_de20 @default.
- ilnd;;1:19-cv-06513_de31 hasReferenceToOtherEntry ilnd;;1:19-cv-06513_de22 @default.