Good v. First Revenue Assurance, LLC
1:10-cv-01411 | D. Colo. | Jun 16, 2010
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
The Honorable A. Bruce Campbell
v.
Adversary Pro. No. lO-Ol lOS-ABC
FIRST REVENUE AS SURANCE, LLC,
Defendant.
In re: )
)
DONALD A. GOOD, ) Case No. 09-28478 ABC
) Chapter 13
Debtor. )
)
)
DONALD A. GOOD, )
)
Plaintiff, )
)
)
)
)
)
)
ORDER AND REQUEST FOR ENTRY OF FINAL ORDER AND JUDGMENT BY
DISTRICT COURT '
This matter comes before the Court sua sponte. The Court, having reviewed the file and
being advised in the premises,
DOES FIND that on May 19, 2010, this Court entered its Proposed Findings of Fact and
Conclusions of LaW Regarding Plaintiff’s Motion for Default Judgment. ln accordance With the
Local Rules of the U.S. District Court, :
When a bankruptcy judge hears a proceeding under 28 U.S.C. § 157(c)(l) that is
not a “core proceeding” as defined by 28 U.S.C. § 157(b)(2), the bankruptcy judge
shall submit the proposed findings of fact and conclusions of law to the district
judge assigned pursuant to D.C.COLO.LCivR 40.1. Copies of those
recommendations shall be mailed by the bankruptcy judge to all parties, Who shall
have 10 days after the date of mailing of the recommendations (or such further
time not to exceed 30 days as the bankruptcy judge may order) to file Written
obj ections. Obj ections lacking specificity as to factual findings or legal
conclusions the objecting party claims to have been erroneously made and
objections not timely filed may be summarily overruled. If no objection is filed,
or if the parties consent in writing, the recommendations of the bankruptcy judge
may be accepted by the district judge, and appropriate orders may be entered
without further notice Procedure for determining objections shall be as set forth
in 28 U.S.C. § 157(c)(l).
D.C.COLO.LCivR. 84.l.D (emphasis added).
Pursuant to Rule 9033 of the Federal Rules of Bankruptcy Procedure:
The district judge shall make a de novo review upon the record or, after additional
evidence, of any portion of the bankruptcy’s judge’s findings of fact or
conclusions of law to which specific written objection has been made in
accordance with this rule. The district judge may accept, rej ect, or modify the
proposed findings of fact or conclusions of law, receive further evidence, or
recommit the matter to the bankruptcy judge with instructions
Fed. R. Bani