No. 18-8465

Paula Jo Kunsman v. Joel Wall

Lower Court: Eleventh Circuit
Docketed: 2019-03-19
Status: Denied
Type: IFP
IFP
Tags: access-to-courts access-to-justice bankruptcy-code bankruptcy-code-1307 bankruptcy-dismissal bankruptcy-judge-discretion bankruptcy-law chapter-13 circuit-split dismissal due-process judicial-discretion pro-se pro-se-debtor
Latest Conference: 2019-05-16
Question Presented (from Petition)

Are Bankruptcy Judges in the Southern District dismissing too many pro se debtors' cases without cause? This is of importance to the public because courts should be open to all, not just the rich, who can afford an attorney.

Are other Bankruptcy Districts, other than Southern District, dismissing bankruptcy cases without cause and without giving debtor additional time to file an amended plan?

What legal causes can Bankruptcy Judge use to dismiss a bankruptcy case? Do Bankruptcy Judges dismiss Bankruptcy cases for causes listed in Bankruptcy Code 1307? Or do Judges dismiss bankruptcy cases without any legal basis?

Can a Bankruptcy Judge dismiss a Chapter 13 bankruptcy case at Confirmation hearing without cause, when the Order denying confirmation and dismissing case do not state and cause? If marital debt is dischargeable under Chapter 13 bankruptcy, how can Bankruptcy Judge dismiss Bankruptcy case without a hearing on the debt's discharge ability, when an Adversary Proceeding was filed to determine that?

Can a Bankruptcy Judge dismiss a Chapter 13 bankruptcy case without allowing debtor to convert it to a Chapter 7 bankruptcy?

Can Bankruptcy Judge strike a Proof of Claim, 2 days before Confirmation hearing, when that Proof of Claim has a Domestic Support Obligation to be paid in bankruptcy and Debtor filed Local Form 67 Stating that she was paying all Domestic Support Obligations in bankruptcy?

Does there exist a conflict between decision of different circuit/appellate courts on dismissing a bankruptcy case without cause?

Can a Bankruptcy Judge dismiss a Chapter 13 bankruptcy case without also denying a request for additional time to file an amended plan according to Bankruptcy Rule 1307(c)(5)?

Question Presented (AI Summary)

Are Bankruptcy Judges dismissing too many pro se debtors' cases without cause?

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-06-11
Petition for Rehearing filed.
2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Paula Kunsman
Paula Jo Kunsman — Petitioner