No. 19-8374

In Re Sha'Ron A. Sims

Lower Court: N/A
Docketed: 2020-04-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: bankruptcy bankruptcy-law chapter-13 civil-rights constitutional-law constitutional-rights due-process jury-trial property-rights
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

QUESTION: DO DEBTORS IN THIS NATION HAVE A RIGHT TO JURY TRIAL, WITHIN THE CHAPTER 13 CONTEXT, WHEN DISPUTING ISSUES WITH RESPECT TO A CLAIM ON A PRIMARY RESIDENCE?

QUESTION 2: ARE DEBTORS' RIGHTS TO DUE PROCESS, UNDER THE 5TH AND 14TH AMENDMENTS, WITHIIN THE FEDERAL CONSITUTION, DENIED WITHIN THE CHAPTER 13 BANKR. CONTEXT, WHEN A BANKR. COURT DECIDE THAT SECTION 1322(B)(2) PROTECTS A CLAIM AGAINST THE DEBTOR'S HOME WITHOUT A FULL HEARING, ALLOWING THE DEBTOR TO PRESENT EVIDENCE, OR SPEEK, TO CHELLANGE THAT CLAIMS' VALIDITY?

QUESTION 3: DO JUDGES USURP THE POLITCAL POWER OF THE CITIZENS BEFORE IT WHEN THE COURTS DENY THAT CITIZEN'S RIGHT TO DU PROCESS, EQUAL PROTECTION OF THE LAW AND A JURY TRIAL, AND THEREFORE ENTER AN ORDER THAT IS CONSITUTION A LLY INVALID.

Question Presented (AI Summary)

Do debtors have a right to jury trial in Chapter 13 bankruptcy disputes over primary residence claims?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Petitioner complied with order of June 29, 2020.
2020-06-29
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 20, 2020, within which to pay the docketing fee required by Rule 38(a).
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-04-18
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2020)
Motion for Leave to Proceed in Forma PauperisPetitionProof of ServiceAppendix

Attorneys

Sha'Ron A. Sims
Sha'Ron A. Sims — Petitioner