In re Raejean S. Bonham dba World Plus
Bankruptcy No. F95-00897
Unofficial Web Site
HERBERT A. ROSS
U.S. Bankruptcy Judge
605 West 4th Avenue, Room 138, Anchorage, AK 99501-2296 (Phone 907/271-2655)
In re RAEJEAN BONHAM, aka Jean Bonham, aka Jeannie Bonham, dba World Plus; WORLD PLUS, INC., an Alaska corporation; and ATLANTIC PACIFIC FUNDING CORP., a Nevada corporation,
Case No. F95-00897-HAR
In Chapter 7
In re BONHAM RECOVERY ACTIONS, a proceeding to jointly administer certain pre-trial issues in numerous related adversary proceedings.
ADV PROC NO F95-00897-168-HAR
(BANCAP No. 96-4281)
NOTICE OF DEADLINE TO JOIN IN THE MOTION TO WITHDRAW THE REFERENCE AND PAY FEE
TO DEFENDANTS WHO HAVE NOT JOINED IN PREVIOUSLY FILED MOTIONS TOWITHDRAW THE REFERENCE, OR PAID THE RELATED FILING FEE OF $75 [Note: See Par. 2.1 for a Deadline to Join Motions to Withdraw the Reference]:
1. MOTION TO WITHDRAW THE REFERENCE RULING- A motion to withdraw the reference1 (that is, to remove the trials of the fraudulent transfer or preference avoidance actions to the U.S. District Court from the Bankruptcy Court) was filed and joined in by a number of individual adversary defendants. In an order setting procedure for handling the withdrawal of reference motions, 2 the court established a procedure to avoid requiring various Bonham Recovery Actions (BRA) defendants, especially those that are representing themselves, from having to pay the $75 filing fee (previously, $60) required by statute3 before necessary. The idea was to allow those defendants to join in previous motions to withdraw the reference once a report and recommendation was ready to be sent to the U.S. District Court for determination.
The court has, concurrent with this notice, filed a Report and Recommendation, recommending to the U.S. District Court that the reference not be withdrawn until the cases are ready for trial, and after the pending global and individual motions are ruled upon. A copy of the Report and Recommendation can be viewed in the District Court, and the Bankruptcy Court will e:mail a copy of the Report and Recommendation upon request to those people having Internet e:mail access.
2. DEADLINE FOR JOINING AND PAYING FILING FEE-
2.1. Filing of Joinder and Payment of Filing Fee- Those parties wishing to request withdrawal of the reference by joining with previously filed motions so that the ultimate determination may be made by the U.S. District Court must, by Friday, December 18, 1998, file a pleading with this court (file a duplicate in both the BRA and the individual adversary proceeding, but only 1 fee will be required), indicating the intent to join the motions to withdraw the reference and serve a copy on the trustee's attorney, Bundy & Christianson, at 911 West 8th Avenue, Suite 302, Anchorage, AK 99501. This will also require the payment of a filing fee of $75. SHOULD YOU FAIL TO JOIN BY THE DEADLINE, YOU MAY BE BARRED FROM SEEKING TO WITHDRAW THE REFERENCE TO THE U.S. DISTRICT COURT.
2.2. Past Due Filing Fees- A filing fee was not paid by various parties who have already joined in. A $75 filing fee is required of those parties also by Friday, December 18 1998.
3. SERVICE- A copy of this Notice shall be served on the Official Service List for the BRA by the trustee's attorney no later than Thursday, December 3, 1998.
Dated: November 30, 1998
HERBERT A. ROSS
U.S. Bankruptcy Judge
RaeJean Bonham, Debtor
Cabot Christianson, Esq., for Trustee
Larry D. Compton, Trustee
John Burns/David G. Parry, Esqs., for Joint Defense Committee
Rebecca Copeland, Esq., for Joint Defense Committee
Janet Stafford, Adversary Proceeding Manager
Maia Weber, Deputy Clerk, Fairbanks
Clerk of Court
1. See, 28 USC Section157(d).
2. See, Third Order Regarding Status Conference and Continuance of Conference; Order Setting Procedure for Withdrawal of Reference and Dismissal Motions; Order Setting Deadlines to Answer; and Related Matters, at Pars. 7.3-7.6, BRA Docket Entry 34, filed December 24, 1996.
3. 28 USC § 1930, Judicial Conference Schedule of Fees, Par. 21.