No. 19-8288

Mac Truong, et al. v. R. Kenneth Barnard, et al.

Lower Court: Second Circuit
Docketed: 2020-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 341(a)-meeting asset-collection bankruptcy-law bankruptcy-procedure chapter-7 chapter-7-trustee creditor-meeting debtor-rights discharge discharge-denial trustee
Latest Conference: 2020-06-18
Question Presented (from Petition)

1. May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor 's assets before
the Debtor would have successfully attended at least one 11 USC 341(a) Creditor
Meeting, and/or even though the Debtor had willfully refused to attend any of more
than 50 scheduled 11 USC 341(a) Creditor Meetings?

2. May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor 's assets and
distribute them to himself and whomever he deems it fit even though the Debtor had
willfully refused to attend any one of more than 50 scheduled 11 USC 341(a)
Creditor Meetings during a period of four years, and been denied a discharge?

3. May a Chapter 7 Trustee file his Final Report and propose to distribute assets
to whomsoever he deems it fit even though litigations between him and Debtor and
many creditors and other concerned third parties have not been finalized, settled or
terminated as he misrepresents in his report, but pending in many concerned courts
with himself as the main litigant?

4. After the Debtor had willfully refused to attend any 341(a) Creditor Meeting
and been denied a discharge upon his own motion, does a Chapter 7 Trustee have a
duty under 11 USC 349(a) to remit Debtor 's collected assets in his custody to those
who owned them immediately prior to Debtor 's filing for bankruptcy?

5. Does 11 USC 105 empower a USBC judge to arrest in handcuffs and
incarcerate an absolutely innocent Chapter 7 Debtor in federal prison until she would
have turned over her non-estate inherited funds that her alleged Trustee claims in
bad faith belong to her estate, even though she has never attended any 341(a)
Meeting, and been denied a discharge?

Question Presented (AI Summary)

May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor's assets before the Debtor would have successfully attended at least one 11 USC 341(a) Creditor Meeting, and/or even though the Debtor had willfully refused to attend any of more than 50 scheduled 11 USC 341(a) Creditor Meetings?

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-07-05
Petition for Rehearing filed.
2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-23
Waiver of right of respondent R. Kenneth Barnard, et al. to respond filed.
2020-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Mac Truong, et al.
Mac Truong — Petitioner
R. Kenneth Barnard, et al.
Noel J. FranciscoSolicitor General, Respondent