Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1 :07-cv-00611-GIVIS Document 17 Filed 04/15/2008 Page 1 014
IN THE UNITED STATES DISTRICT COURT
Qtr ’ `” FOR THE DISTRICT OF DELAWARE
IN RE: :
CHARLES ZANDFORD : Bankruptcy Case N0. 05-13305
Debtor :
CHARLES ZANDFORD :
Appellant :
v. : Civil Action N0. 07-611 GMS
TRUSTEE ALFRED THOMAS :
GIULIANO
Appellee
ON APPEAL FROM AN ORDER OF THE UNITED STATES BANKRUPTCY
COURT FOR THE DISTRICT OF DELAWARE
APPELLANT’S MOTION TO TAKE LEAVE OF COURT TO RESPOND TO
TRUSTEE’S REPLY TO APPELLANTS RESPONSE TO APPLICATION FOR
RELIEF IN THE NATURE OF A MOTION TO QUASH
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Case 1 :07-cv-00611-GIVIS Document 17 Filed 04/15/2008 Page 2 014
Appellant, Charles Zandford, respectfully requests leave of Court to
submit his response to trustee’s ‘REPLY TO APPELLANTS RESPONSE TO
APPLICATION FOR RELIEF IN THE NATURE OF A MOTION TO QUASH."
This Court has jurisdiction over this appeal pursuant to Federal Rule of
Bankruptcy Procedure 8003 jc ). Appellant respectfully draws the C0urt’s attention
to the following facts:
1. The trustee first argued that this Court lacked jurisdiction to consider this
appeal because Appellant had not sought permission from the Bankruptcy Court to
seek an interlocutory appeal from the District Court.
2. Now, trustee agrees that such permission was not necessary, but offers a new
argument. Trustee now argues that this Court lacks jurisdiction because Appellant
did not seek leave of Court to appeal from the Order at issue. Obviously, trustee is
not familiar with Federal Rule of Bankruptcy Procedure 8003 ge) which was
discussed on ggiof Appellant’s response to trustee’s motion to quash.
3. Federal Rule Of Bankruptcy Procedure 8003( e) — Appeal Improperly Taken
Regarded as a Motion for Leave to Appeal.
Rule 8003jc[ provides, in relevant part, that: lf a required motion for leave to
appeal is not tiled, but a notice of appeal is timely tiled, the district court or
bankruptcv appellate panel may grant leave to appeal or direct that a motion for
leave to appeal be filed. The district court or the bankruptcv appellate panel mav
also denv leave to appeal but in so doing shall consider the notice of appeal as a
motion for leave to appeal". Fed. R. Bankr. P. 8003gcg." (emphasis added)
4. Pursuant to Rule 8003( c), this Court has jurisdiction over this appeal.
l

Case 1 :07-cv-00611-GIVIS Document 17 Filed 04/15/2008 Page 3 014
Respectfully submitted,
T /“ 7 - /
_AJl. wm _1 xy
Charles Za r if
10 N12. 4* .
Milford, Delaware 19963
(302) 725-0655
2

Case 1 :07-cv-00611-GIVIS Document 17 Filed 04/15/2008 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true copy of ‘ APPELLANT’S MOTION TO
TAKE LEAVE OF COURT TO RESPOND TO TRUSTEE’S REPLY TO
APPELLANTS RESPONSE TO APPLICATION FOR RELIEF IN THE NATURE
OF A MOTION TO QUASH,’ was served via first class mail, postage prepaid, on this
15th day of April 2008, upon the following:
Jeffery S. Ciannciulli
Suite 500
1339 Chestnut St.
Phila. , PA. 19107-3519
4/ ”
##40 7 r
Charles Zan or f
I0 N12. 4t st
Mi11‘6rd, . 19963
(302) 725-0655

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