Christopher Lane

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MEMO RE DEBTOR’S
MOTION FOR RECUSAL 	-1-
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
CHRISTOPHER LANE,
Debtor.
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Case No. 06-30803 TC
Chapter 13
MEMORANDUM RE DEBTOR’S MOTION FOR RECUSAL
Debtor has moved to have me recuse myself on the basis that I
am biased against him. 	The motion will be denied for the reasons
explained below.
First, I note that 28 U.S.C. § 455 provides that a judge shall
“disqualify himself from any proceeding in which his impartiality
might reasonably be questioned.” 	By using the words “disqualify
himself,” the statute directs the judge who is the subject of the
motion to recuse to rule on the question of whether he or she
should step aside.
Second, the evidence of bias upon which Debtor relies is the
low value the court has assigned to Debtor’s works of art. 	It is
Signed and Filed: March 05, 2010
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
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Entered on Docket
March 08, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-30803 Doc# 121 Filed: 03/05/10 Entered: 03/08/10 14:07:38 Page 1 of
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MEMO RE DEBTOR’S
MOTION FOR RECUSAL 	-2-
important to note that the value of each painting was provided for
in the chapter 13 plan submitted by Debtor himself. 	That plan has
not worked out to the satisfaction of Debtor, because he was unable
to sell the paintings himself as he had hoped to do.
Third, the standard for disqualification is that the judge has
formed an opinion regarding a litigant from an extrajudicial
source, or that the judge has developed during judicial proceedings
such a strong opinion about the litigant that the judge cannot
provide the litigant a fair trial. 	Liteky v. United States, 510
U.S. 540 (1940). 	This court has neither received information about
Debtor nor formed any opinion about Debtor from an extrajudicial
source. 	I knew nothing about Debtor before this case was filed and
have since learned nothing about him other than through court
proceedings. 	Nor does this court have any bias against Debtor. 	I
am simply attempting to enforce the plan to which both Debtor and
Mr. Cadgene agreed.
**END OF MEMORANDUM**
Case: 06-30803 Doc# 121 Filed: 03/05/10 Entered: 03/08/10 14:07:38 Page 2 of
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Court Service List
Christopher Lane
1161 S. Van Ness Avenue
San Francisco, CA 94110
Susan L. Uecker
Uecker and Associates Inc.
100 Pine Street, Suite 475
San Francisco, CA 94111
Case: 06-30803 Doc# 121 Filed: 03/05/10 Entered: 03/08/10 14:07:38 Page 3 of
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