IN RE MOORE, (Bankr.W.D.Tenn. 1998)

In re GWENDOLYN LAREN MOORE, Chapter 13, Debtor.

Case No. 98-23357-K.United States Bankruptcy Court, W.D. Tennessee, Western Division.
October 7, 1998

ORDER RE DEBTOR’S “`EMERGENCY’ `EMERGENCY’ EMERGENCY’ `EMERGENCY’ PETITION . . . TO ALLOW LEAVE FOR APPEAL . . .” COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF
DAVID KENNEDY, Chief Judge, Bankruptcy

It appears to the court, on its own initiative, that on October 7, 1998, the above-named debtor, Gwendolyn Laren Moore, acting pro se, filed the annexed “`Emergency’ `Emergency’ Emergency’ `Emergency’ Petition . . . To Allow Leave for Appeal . . .” The court assumes that the debtor seeks to appeal this court’s fivepage order entered on October 1, 1998, denying her two “emergency” requests for the reasons set forth therein. (The order entered on October 1, 1998 also sets forth the procedural history and background facts of this case including prior emergency requests.)

Although this is an administratively closed case, nonetheless under the circumstances the court will “deem” the debtor’s most recent emergency request seeking relief filed on October 7, 1998, as being in the nature of a “notice of appeal” under Part VIII of the Federal Rules of Bankruptcy Procedure. See, for example, FED. R. BANKR. P. 8001(a)-(b), 8002(a), and 8003. Accordingly, the Bankruptcy Court Clerk is authorized to process this “deemed” notice of appeal.

The Bankruptcy Court Clerk is hereby directed to promptly send a copy of this Order and Notice to the debtor, the Standing Chapter 13 Trustee, all scheduled creditors, and other parties in interest.

Based on the foregoing and the case record as a whole,

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IT IS SO ORDERED AND NOTICE IS HEREBY GIVEN.

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