No. 18-9103

Milton Thomas, Sr. v. City of Philadelphia, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2019-05-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1334 article-iii bankruptcy-court-jurisdiction bankruptcy-jurisdiction congressional-intent district-court-jurisdiction fraudulent-transfer non-core-proceeding non-core-proceedings stem-v-marshall stern-v-marshall
Latest Conference: 2019-06-06
Question Presented (from Petition)

1) Can the 3rd Circuit Court of Appeals deny the Act of Congress conferring original and exclusive jurisdiction on the District Court of all civil proceedings arising under title 28 U.S.C. § 1334 (a)-lb" after the District Court has adjudicated a case?

Does a Bankruptcy Court have jurisdiction to enter a final order in a matter that is a non core proceeding in which the petitioner filed a counterclaim against the respondent in Federal District Court for a fraudulent transfer of property in State Court after the Bankruptcy case was terminated and discharged?

Whether the Third Circuit's opinion , which renders 28 U.S.0 § 1334 (a)-(b) surplusage in light of; Continental Airlines, 203 F. 3d 203, 2]] (3d.Cir2000), Morristown & Erie Raillroad Co., 885 F. 2d 98 (3d Cir. 1990), Pertuso v Ford Motor Credit Co. , 233 F . 3d 417, 420 (61h cir. 2000), Joubert, 411 F3d at 456, contravenes Congress's intent in enacting Article III of the United States Constitution?

Question Presented (AI Summary)

Can the 3rd Circuit Court of Appeals deny the Act of Congress conferring original and exclusive jurisdiction on the District Court of all civil proceedings arising under title 28 U.S.C. § 1334 (a)-(b) after the District Court has adjudicated a case?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent City of Philadelphia, Philadelphia School District to respond filed.
2019-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

City of Philadelphia, Philadelphia School District
Jane Lovitch IstvanCity of Philadelphia Law Department, Respondent
Milton Thomas, Sr.
Milton Thomas Sr. — Petitioner