No. 20-1096

Philip Jay Fetner v. Hotel Street Capital, LLC, et al.

Lower Court: Fourth Circuit
Docketed: 2021-02-10
Status: Denied
Type: Paid
Response Waived
Tags: appeals appellate-review bankruptcy bankruptcy-jurisdiction chapter-11-bankruptcy civil-rights constitutional-appeal constitutional-rights due-process final-order mootness
Latest Conference: 2021-04-16
Question Presented (from Petition)

Petitioner asks this Court to review whether he was denied a constitutional appeal on the false preliminary premise that the appellate courts — both the District Court for the Eastern District of Virginia and the Court of Appeals for the Fourth Circuit - lacked jurisdiction:

a) because the appeal to the District Court was not based on a "final" order of the Bankruptcy Court nor did the order appealed qualify otherwise for jurisdictional purposes;

b) because the appeal to both courts was "moot;" and

c) because the appeal to the Court of Appeals was improper as the latter may not review a District Court's determination on whether a Bankruptcy Court's order was a final order.

Question Presented (AI Summary)

Whether the appellate courts erred in denying a constitutional appeal on the false premise of lack of jurisdiction

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-02-19
Waiver of right of respondent United States to respond filed.
2021-02-01
Petition for a writ of certiorari filed. (Response due March 12, 2021)

Attorneys

Philip Jay Fetner
Philip Jay Fetner — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent