No. 18-5200

Kerry Kruskal v. Allan Meltzer, et al.

Lower Court: New Mexico
Docketed: 2018-07-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: attorney-fees civil-procedure civil-rights collection-fees contract contract-dispute due-process judgment-lien punitive-damages standing takings trust-account
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (from Petition)

Should Kruskal be entitled to a full release for paying off the entire judgment lien on 10/1/2015

On 10/1/2015, when Kruskal entirely paid off the judgment lien, does that nullify all subsequent punitive collection awards.

Should Kruskal (again) be entitled to a full release for paying off the judgment lien on 4/26/2017 at the Albuquerque land sale.

Did DeStefano skim $24,221.78 from checks paid into the trust account, before sending the payments to the Meltzers.

Does the court have to announce which of the 3 entirely different explanations it relies on to find that $24,221.78 was Not stolen from the Meltzer trust account.

Is Kruskal entitled to know which "fabricated" explanation the court is relying on such that Kruskal can have a proper opportunity to respond, and such that Kruskal can know what he is appealing?

Is the district court allowed to award any collection fees for collections on "other properties" that were not secured by the original contract?

Does district court have to site some authority in order to award collection fees?

After Kruskal filed the 5/5/2017 Emergency Motion, should district court have given Kruskal a lien release, or at least required DeStefano to provide a payoff amount.

When the Metlzer's interfered with sales contracts by refusing to provide a lien release, and refusing to provide Kruskal with a payoff amount, was this tantamount to Kruskal yet again paying off the lien in full, and deserving of a release?

Did DeStefano overcharge attorney fees?

Is Kruskal entitled to a triple refund for improperly charged attorney fees?

Should the district court have Included the double billing to Ski Valley properties when it calculated how much Kruskal had paid the Meltzers for collection fees.

Do action speak louder than words when the Meltzers took all they wanted from the $175,000 that was tendered in Oct. 2015.

Is Kruskal entitled to punitive damages, sanctions, or his attorney fees for defending this absurdly frivolous motion.

Question Presented (AI Summary)

Should Kruskal be entitled to a full release for paying off the entire judgment lien on 10/1/2015

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-10-22
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2018)

Attorneys

Kerry Kruskal
Kerry Kruskal — Petitioner