No. 18-9221

Barrington M. Hamilton, aka Jaame Amun Re El v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy bankruptcy-code bankruptcy-law civil-procedure civil-rights creditor-claims debt-discharge due-process government-administration government-liability legal-procedure property-rights statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (from Petition)

operation?
Ans. No. The languagefound in Title 11 UScs$5a caxa) says "(a) A discharge in a case under
this title [11 uscss 1o1 et seq.I (a) operates as an injunction against the commencement
or continuation of an action, the employment of process, or an act, to collect, recover
or offset any such debt as a personal liability of the debtor, whether or not discharge
for the reliet of the insovent debtors declares "that no proces against real or personal
property of the debtor shal have any effect or operation, except process of execution and
attcment te nature oeutn which sha have been u te hand ofte
marshal antecedent to his application. The application of this clause in the section was
intended only for a case where one creditor sought to obtain a preference by process
against the debtor's property after his application. In such case, the execution shall have
no effect oroperation;but where the incumberance or lien had attached bofore the
application,it had a priority of payment out of the assigned fund."
DARE (GsA) General Service Administration Bond Forms
SF28, SF273, SFa74,
and SFans classified as legal tender of the United States?
Ans.Yes

Aneyou familiar with caselaw regandingSpecial deposit/Bonddeposishelpful in this
matter?
Ans. Yes. Ref National Bank v Graham (1880) 100 US 699, 10 Otto 699,10 Otto 699, 25 L Ed 750.

Question Presented (AI Summary)

Does the accepted governing statutory law Title 44 USC § 594 authorize trespass or conversion against discharged property according to its ministerial language and operation?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-16
Waiver of right of respondent United States to respond filed.
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Barrington M. Hamilton
Barrington M. Hamilton — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent