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S.D.N.Y.Procedural orderFiled May 8, 2020

In Re: Laverne Leonard

Judge
Lewis Liman
Docket
1:20-cv-01518
Court
U.S. District Court · Southern District of New York
Pages
21
BankruptcyCivil ProcedurePro Se
In one sentence

Leonard v. Wells Fargo, Judge Liman ordered Leonard to file her bankruptcy-appeal brief by June 12, 2020.

Who this affects

Laverne Leonard and Wells Fargo Bank, N.A.; the order sets deadlines for their bankruptcy appeal briefs.

What happened

In In Re: Laverne Leonard, the district court said the bankruptcy appeal record became available on March 27, 2020, but Leonard had not filed her brief.

The court ordered Leonard, the person appealing, to file a supporting brief by June 12, 2020. Wells Fargo Bank, N.A. must file its brief within 30 days after Leonard’s brief is docketed, and Leonard may file a reply within 14 days after Wells Fargo’s brief is served.

Judge Lewis J. Liman also attached the appeal documents and directed that a copy of the order be mailed to Leonard. The order did not decide the underlying bankruptcy or foreclosure issues.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In Re: Laverne Leonard · No. 1:20-cv-01518
Judge
Lewis Liman
Date
May 8, 2020

Background

Laverne Leonard, the debtor-appellant, appealed a bankruptcy-court order involving Wells Fargo Bank, N.A. The district court docketed a notice on March 27, 2020, stating that the bankruptcy appeal record was complete and electronically available. Under Federal Rule of Bankruptcy Procedure 8018(1), Leonard’s brief was due 30 days after that notice, but she had not filed one by May 8.

Order

The court ordered Leonard to file a brief supporting her appeal by June 12, 2020. Wells Fargo must serve and file its brief within 30 days after Leonard’s brief is docketed. Leonard may file a reply brief within 14 days after Wells Fargo’s brief is served.

Additional Directions and Effect

The court attached the case docket, the designation of the bankruptcy record on appeal, and the record showing that the appeal materials were available. Chambers would mail a copy of the order and attachments to Leonard. Because of the public-health crisis, the court encouraged people proceeding without lawyers to submit filings by email under the court’s temporary procedure. This order addressed briefing deadlines and filing procedures; it did not decide the merits of Leonard’s bankruptcy appeal or the underlying foreclosure-related allegations. Judge Lewis J. Liman signed the order.

The authoritative version

Read the full 21-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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