No. 20-7477

Hakimah Jabbar v. James L. Graham, Judge, United States District Court for the Southern District of Ohio

Lower Court: Sixth Circuit
Docketed: 2021-03-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy-law circuit-conflict conflict-of-laws due-process fiduciary-duty forfeited-property property-law statutory-interpretation trust-beneficiary trust-law
Latest Conference: 2021-04-16
Question Presented (from Petition)

1) The U.S Court of Appeals 6th Cir. Affirming of District Court decision directly conflicts
with the Appeals Court 's opinion, In re Adams, 302 B.R.539 (B.A.P 6th Cir.2003)
establishment in the same important matter with enforceable transfers restrictions as
beneficiary of trust. Because the Petitioner is beneficiary of trust within the meaning of
11 U.S.C §541(c) (2) and the Petitioner in same important matter is a beneficiary of trusts
with enforceable transfer restrictions such that he Petitioner beneficial interest in those
trust shall excluded from sentencing pursuant to Title 18a 32 (c)4.

2) The Appeals Court in same important matters pursuant to In re R. WLeet Electric, Inc.,
372 B.R 372 B.R. 846 (B.A.P 6th Cir.2007) "trust funds can be identified in a substitute
form the Petitioner has identified the trusts funds in mingled in substituted form as "the
forfeited property of Deandre Forrest instead from tracking from owner to contractor to
beneficiary was denied erroneously when the District Court of Appeals deny Petitioner
Counsel and affirmed District Court Decision, because it is conflict with it's own opinion

3) The decision to affirm District Court Judgement is conflict with the District Court of
appeals decisions in same important matter in another Appeals Court Decision (it own
appeal decision) in pursuant to In re R. WLeet Electric, Inc., 372 B.R 372 B.R. 846 (B.A.P
6th Cir.2007) Cestui que trust may follow trust through any change. The Court established
" trust can be identified in substitutive form, then affirm in same important matter that the
District Court decision that the does not have to obey a simple contract he obliged as
fiduciary of cestui que trust Petitioner is a beneficiary of.

4) Were in the same important matter pursuant to In re R. WLeet Electric, Inc., 372 B.R 372
B.R. 846 (B.A.P 6th Cir.2007), "5. the trustee shalll)collect. .. and close such estate. .. with the best interest of parties in interest. It is
well established the Petitioner is party in interest of " the forfeited property of Deandre
Forrest. Therefor the District Court of Appeals affirmation of District Court decision is
in direct contradiction in same important matter of interest established in decision of
another District Court of Appeals (it's own actions) because the Appeals court accepted
tender payment, but denied Petitioner Counsel is not inn best interest of Petitioner/ Party
of Interest.

Question Presented (AI Summary)

Whether the U.S. Court of Appeals 6th Cir. erred in affirming the District Court decision, which directly conflicts with the Appeals Court's own prior opinion in In re Adams, 302 B.R. 539 (B.A.P. 6th Cir. 2003) regarding enforceable transfer restrictions on a beneficiary's trust interest under 11 U.S.C. § 541(c)(2)

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Waiver of right of respondent Graham, James to respond filed.
2021-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2021)

Attorneys

Graham, James
Elizabeth B. PrelogarActing Solicitor General, Respondent
Hakimah Jabbar
Hakimah Jabbar — Petitioner