James Lyons

1:09-bk-49106Nyeb27 mai 2010

Texte intégral

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
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In re: 	Case No.: 1-09-49106-dem
JAMES LYONS, 	Chapter 7
Debtor.
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DECISION AND ORDER DENYING REQUEST FOR PRE-MOTION CONFERENCE
AND RECUSAL OF JUDGE
WHEREAS, on October 10, 2009, James Lyons (the “debtor”) filed for voluntary
relief under Chapter 7 of the Bankruptcy Code; and
WHEREAS, on December 23, 2009, QPI-I LLC (the “creditor”) filed a motion
for relief from the automatic stay to continue a non-payment of rent summary proceeding against
the debtor for the premises known as 86-02 Forest Parkway, Woodhaven, New York, 11421,
Apt. 	3-K (“Motion for Relief”); and
WHEREAS, on January 26, 2010, February 25, 2010, and March 25, 2010 the
Court held hearings on the Motion for Relief, and granted the application on March 25, 2010 and
instructed counsel for the creditor to submit an order; and
WHEREAS, on April 7, 2010, the debtor filed an objection to the submitted
order; and
WHEREAS, on May 25, 2010, the Hon. Joel B. Rosenthal acting for Hon. Dennis
E. Milton held a hearing on debtor’s objection to the submitted order in the Motion for Relief;
and
WHEREAS, on May 26, 2010, the Court entered an Order vacating the automatic
stay as to creditor QPI-I LLC; and
Case 1-09-49106-nhl Doc 35 Filed 05/27/10 Entered 05/27/10 17:06:36
WHEREAS, on May 27, 2010, the Court received multiple emails from the debtor
requesting a pre-motion conference on the reconsideration of the decision to grant to Motion for
Relief and for the Hon. Joel B. Rosenthal to recuse himself from the case; it is hereby
ORDERED, that the debtor’s request for a pre-motion conference is denied ; and
it is
ORDERED, that an application for reconsideration of the Motion for Relief may
be entertained only by a written motion filed with the clerk’s office in accordance with
Bankruptcy Rules 9023 and 9024 and Local Bankruptcy Rule for the Eastern District of New
York 9023-1, and a hearing will be scheduled accordingly; and it is
ORDERED, that the debtor cease communications with chambers personnel and
Judges of this Court via email and telephone, except for a request for a hearing date; and it is
ORDERED, that all requests for relief of any kind be made by a written motion
filed with the clerk’s office, not by email requests to chambers, or email and letter requests to
Judges of this Court.
IT IS SO ORDERED.
Dated: Brooklyn, New York
May 27, 2010
s/ Joel B. Rosenthal
JOEL B. ROSENTHAL
United States Bankruptcy Judge
Acting For
DENNIS E. MILTON
United States Bankruptcy Judge
Case 1-09-49106-nhl Doc 35 Filed 05/27/10 Entered 05/27/10 17:06:36

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