In Re: Ricky Mott

Background

RGN-New York XXX, LLC, acting through Regus Management Group, LLC, was the petitioner in a New York state-court holdover proceeding against ABC Mining Co. After receiving an adverse ruling in that proceeding, Ricky Mott began a Chapter 7 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York. Mott represented himself.

Regus moved to have the bankruptcy case reassigned to Judge Sean H. Lane. The Bankruptcy Court granted that motion on February 3, 2025. Mott appealed the reassignment order to the U.S. District Court for the Southern District of New York.

Arguments and analysis

Regus argued that Mott’s appeal and any motions connected to it should be dismissed for several reasons. One reason was a filing injunction that Judge Lane had entered in a prior bankruptcy case. The injunction required Mott to obtain permission from the Bankruptcy Court before filing any bankruptcy pleading anywhere in the country, whether for himself or someone else. The opinion states that Mott did not dispute the injunction’s existence and did not state that he had complied with it in his bankruptcy case. The court therefore concluded that the appeal had to be dismissed on that basis.

Regus also argued that the order reassigning Mott’s bankruptcy case was not appealable and that Mott had not received permission to file an immediate appeal. Mott did not respond to that argument. The court agreed with Regus, citing the statute governing appeals from bankruptcy courts.

Disposition

Judge Analisa Torres denied Mott’s pending motions, identified as ECF Nos. 2 and 7–8, and dismissed his appeal. The Clerk was directed to terminate all pending motions, close the case, and mail Mott a copy of the order.