No. 21-1253

Philip Jay Fetner v. Kevin R. McCarthy, et al.

Lower Court: Fourth Circuit
Docketed: 2022-03-16
Status: Denied
Type: Paid
Tags: 28-usc-455a bankruptcy-estate bankruptcy-settlement bar-order chapter-7-trustee due-process fiduciary-duties fiduciary-duty judicial-recusal stern-v-marshall
Latest Conference: 2022-05-12
Question Presented (from Petition)

(i) Did the Chapter 7 Trustee fail to provide transparency and observe its fiduciary duties to Debtor, all as allowed by the Bankruptcy Court?

(ii) Did the Bankruptcy Court further violate Debtor's due process rights in approving the Settlement?

(iii) Was the Settlement ordered outside legitimate bankruptcy purpose under the Code and contrary to the law of Stern v. Marshall?

(iv) Was the accompanying Bar Order also overbroad and unconstitutional?

(v) Did the District Court fail to abide by the mandate of 28 U.S.C. 455(a) and also fail to address Debtor's appeal?

Question Presented (AI Summary)

Did the Chapter 7 Trustee fail to provide transparency and observe its fiduciary duties to Debtor, all as allowed by the Bankruptcy Court?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-03-11
Petition for a writ of certiorari filed. (Response due April 15, 2022)
2022-02-18
Application (21A435) granted by The Chief Justice extending the time to file until March 11, 2022.
2022-02-16
Application (21A435) to extend the time to file a petition for a writ of certiorari from February 17, 2022 to March 11, 2022, submitted to The Chief Justice.

Attorneys

Philip Jay Fetner
Philip Jay Fetner — Petitioner