No. 20-5260

In Re Kenton G. Findlay

Lower Court: N/A
Docketed: 2020-08-05
Status: Denied
Type: IFP
IFP
Tags: 11-usc-362 14th-amendment 5th-amendment bankruptcy bankruptcy-code bankruptcy-stay constitutional-violation court-jurisdiction due-process foreclosure property-seizure
Key Terms:
AdministrativeLaw DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (from Petition)

Whether the Florida Supreme Court and the Third District Court of Appeal of Florida ("the Third DCA") violated the due process protection of the 5th and 14th Amendment to the U.S. Constitution by allowing the respondent AMERIPORT, LTD., ET AL. Under Section 362 of the United States Bankruptcy Code, the stay begins at the moment the bankruptcy petition is filed. No action should be taken to obtain possession of property of the debtor. 11 U.S.C. 362(a)(3).

Whether an entity that is willfully retaining possession of property that it seized after the bankruptcy petition was filed, and in which the debtor has an interest, violates 11 U.S.C. 362(a)(3) if it fails to return that property to the debtor immediately.

Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protection of the 5th and 14th amendments to the U.S. Constitution by refusing to grant disqualification when there are objective reasons to question its impartiality in foreclosure appeals raising this same fraudulent misconduct?

Question Presented (AI Summary)

Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protection of the 5th and 14th Amendments to the U.S. Constitution

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-06-06
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

In Re Kenton G. Findlay
Kenton G. Findlay — Petitioner