No. 19-209

Thomas W. McDonald, Jr., Chapter 13 Trustee v. Paul E. Wenzloff, et al.

Lower Court: Sixth Circuit
Docketed: 2019-08-20
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-law bankruptcy-law-standing-chapter-13-chapter-7-fraud case-conversion chapter-13 chapter-7 fraud legal-precedent malfeasance standing trustee-standing
Latest Conference: 2019-10-01
Question Presented (from Petition)

Did this Court's ruling in Harris v. Viegelahn, 575 U.S. (2015) overrule 134 years of legal precedent established in Barton v. Barber, 104 U.S. 126 (1881) by denying standing to a Chapter 13 Trustee, after a bankruptcy case is converted to a Chapter 7 proceeding, to prohibit the Chapter 13 Trustee from litigating matters, such as fraud and malfeasance, that allegedly occurred during the administration of the Chapter 13 estate?

Question Presented (AI Summary)

Did this Court's ruling in Harris v. Viegelahn overrule 134 years of legal precedent established in Barton v. Barber by denying standing to a Chapter 13 Trustee, after a bankruptcy case is converted to a Chapter 7 proceeding, to prohibit the Chapter 13 Trustee from litigating matters, such as fraud and malfeasance, that allegedly occurred during the administration of the Chapter 13 estate?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-08-27
Waiver of right of respondent Wildfire Credit Union to respond filed.
2019-08-22
Waiver of right of respondents Joshua R. Fiireman, Paul E. Wenzloff, Wenzloff & Wnzoloff, P.L.C. to respond filed.
2019-06-25
Petition for a writ of certiorari filed. (Response due September 19, 2019)

Attorneys

Joshua R. Fiireman, Paul E. Wenzloff, Wenzloff & Wnzoloff, P.L.C.
Joshua Royle FiremanWenzloff & Fireman, P.C., Respondent
Thomas W. McDonald
Thomas Warren McDonald Jr. — Petitioner
Wildfire Credit Union
Michael J. RyanKus, Ryan & Associates, PLLC, Respondent