Michael Joseph Sindram

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MICHAEL JOSEPH SINDRAM,
Debtor.
)
)
)
)
)
)
Case No. 08-00559
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER (1) DIRECTING
CLERK AS TO THE HANDLING OF THE PART OF THE DEBTOR’S MOTION
FILED MAY 4, 2009, THAT SEEKS RELIEF BY WAY OF INTERLOCUTORY
APPEAL AND (2) CERTIFYING THAT GROUNDS EXIST WARRANTING THE
DISTRICT COURT’S SUMMARILY DENYING THE MOTION FOR LEAVE TO APPEAL
The debtor Sindram has filed a document (Docket Entry (“DE”)
No. 156) that includes various requests for relief, including a
request for relief from the district court (a Motion for Leave to
Appeal Interlocutory Judgment of April 15, 2009 and Notice of
Appeal) as an alternative to Sindram’s motion (in the same
document) requesting reconsideration by this court of the order
(DE No. 130) that denied a motion to compel discovery from
Sindram’s condominium association. 	By separate Memorandum
Decision and Order, I have denied the request for
reconsideration.
The document below is hereby signed.
Signed: May 19, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00559 Doc 170 Filed 05/19/09 Entered 05/19/09 15:53:59 Desc Main
Document Page 1 of 3

I
Grounds exist pursuant to which the district court may
summarily deny the motion for leave to appeal:
• 	Sindram has not paid the fees associated with the
appeal, and no waiver of the fees is warranted.
• 	An immediate appeal from the order denying the motion
to compel entered on April 15, 2009, would not
materially advance the ultimate termination of the
contested matter in which discovery was sought (a
motion to hold the condominium association in contempt
for allegedly violating the automatic stay).
• 	The notice of appeal is untimely, having been filed
more than 10 days after entry of the order on April 15,
2009.
By way of the clerk’s transmitting a copy of this order to the
district court, that court intends that the district court may be
alerted that (in the view of this court) grounds exist pursuant
to which the motion for leave to appeal may be denied summarily.
II
The clerk has asked for instructions regarding the handling
of the document (DE No. 156) that includes the Motion for Leave
to Appeal Interlocutory Judgment of April 15, 2009 and Notice of
Appeal. 	It is
ORDERED that the clerk shall treat the Motion for Leave to
2
Case 08-00559 Doc 170 Filed 05/19/09 Entered 05/19/09 15:53:59 Desc Main
Document Page 2 of 3

Appeal Interlocutory Judgment of April 15, 2009 and Notice of
Appeal contained in the document (DE No. 156) as a notice of
appeal under Fed. R. Bankr. P. 8001 from the interlocutory order
(DE No. 130) denying Sindram’s motion to compel discovery, and as
a motion under Fed. R. Bankr. P. 8003 for leave to prosecute that
interlocutory appeal. 	It is further
ORDERED that when the clerk transmits the appeal papers to
the district court, the clerk shall include with the transmittal
(1) a copy of this order and (2) a copy of the Memorandum
Decision and Order signed this date. 	It is further
ORDERED that when the clerk transmits the appeal to the
clerk of the district court for docketing in that court, the
clerk’s transmittal sheet shall include a notification that the
district court judge assigned the matter should be alerted to
this order which addresses grounds upon which the motion for
leave to appeal may be summarily denied. 	It is further
ORDERED that if the debtor has not paid fees owed for filing
the notice of appeal, the clerk’s transmittal sheet shall include
notification that those fees have not been paid.
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 Trustee; Office of United States Trustee; Craig
A. Parker, Esq., 110 N. Washington Street, Ste. 500, Rockville,
Maryland 20850; George R. Pitts, Esq.
3	O:\TEEL\Judge Temp Docs\Sindram (Michael Joseph) - Order re Mtn for Leave to Pursue Interlocutory Appeal.wpd
Case 08-00559 Doc 170 Filed 05/19/09 Entered 05/19/09 15:53:59 Desc Main
Document Page 3 of 3