No. 18-8304

Whitney N. Broach v. David G. Peake, Chapter 13 Trustee

Lower Court: Fifth Circuit
Docketed: 2019-03-06
Status: Denied
Type: IFP
IFP
Tags: attorney-mistakes bankruptcy-attorney bankruptcy-court bankruptcy-filings bankruptcy-judge bankruptcy-law bankruptcy-petition bankruptcy-procedure civil-procedure due-process excusable-neglect federal-courts federal-rules-civil-procedure medical-bills procedural-rights
Latest Conference: 2019-05-09
Question Presented (from Petition)

Does a Federal Bankruptcy Judge (who has required the debtor to employ a Board Certified in Consumer Bankruptcy Attorney) deny the debtor's procedural due process of law and substantive due process by holding the debtor responsible for the Bankruptcy Attorney's self - admitted mistakes, thereby dismissing a correct in form, and in content bankruptcy petition?

Does a Bankruptcy Court Judge deny the debtor's substantive and procedural due process, by treating the Debtor's Fed.R. Civ.P. 60(b)(1) "Excusable Neglect" Argument in a Motion for Rehearing by unilaterally and improperly converting Debtor's 60(b)(1) motion to a Fed.R.Civ.P. 59 motion, and thereby depriving the debtor of a rehearing?

Question Presented (AI Summary)

Does a Federal Bankruptcy Judge deny the debtor's procedural and substantive due process by holding the debtor responsible for the Bankruptcy Attorney's self-admitted mistakes, thereby dismissing a correct bankruptcy petition?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)
2018-11-26
Application (18A537) granted by Justice Alito extending the time to file until February 2, 2019.
2018-11-19
Application (18A537) to extend the time to file a petition for a writ of certiorari from December 4, 2018 to February 2, 2019, submitted to Justice Alito.

Attorneys

Whitney N. Broach
Whitney N. Broach — Petitioner