No. 18-1563

Ronald Bias v. Tangipahoa Parish School Board

Lower Court: Fifth Circuit
Docketed: 2019-06-21
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy-code bankruptcy-law chapter-13 chapter-13-bankruptcy constitutional-amendments constitutional-rights debtor-standing disclosure-requirements due-process first-amendment free-speech judicial-estoppel post-confirmation-claims standing
Latest Conference: 2019-10-01
Question Presented (from Petition)

Does the Fifth Circuit Court of Appeal's precedent that all Chapter 13 debtors have a continuing duty to disclose all post-confirmation claims offend the First and Fifth Amendments of the U.S. Constitution because it contravenes clear and unambiguous law and regulations granting some Chapter 13 debtors standing to pursue all post-confirmation claims without the court's permission?

If a debtor has standing to pursue a post-confirmation claim without court permission, does this standing overcome judicial estoppel issues?

If a debtor is in compliance with bankruptcy code and regulations, and if the confirmed plan to which he is bound does not require disclosure of post-confirmation claims, is it possible that he can be said to have taken an inconsistent position for his nondisclosure of a post-confirmation claim?

Question Presented (AI Summary)

Does the Fifth Circuit Court of Appeal's precedent that all Chapter 13 debtors have a continuing duty to disclose all post-confirmation claims offend the First and Fifth Amendments of the U.S. Constitution?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-13
Supplemental brief of respondent Ronald Bias filed. (Distributed)
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Waiver of right of respondent Tangipahoa Parish School Board to respond filed.
2019-06-18
Petition for a writ of certiorari filed. (Response due July 22, 2019)

Attorneys

Tangipahoa Parish School Board
Danielle A. Boudreaux — Respondent