No. 22-1229

Ronnie D. Ward, et al. v. Cross Keys Bank, et al.

Lower Court: Fifth Circuit
Docketed: 2023-06-22
Status: Denied
Type: Paid
Tags: appellate-review article-iii-court bankruptcy bankruptcy-procedure civil-procedure federal-courts federal-jurisdiction judicial-review state-law-claim subject-matter-jurisdiction supervisory-power
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

I. Should a case removed to bankruptcy court proceed through three levels of federal court without proof of subject matter jurisdiction? The bankruptcy court so far departed from the usual course of judicial proceedings, and the appellate courts sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power.

II. Should the outcome of a creditor's state law claim against a guarantor be within a federal court's subject matter jurisdiction as a matter of law in a Chapter 7 bankruptcy case? Because of 11 U.S.C. §509, the general rule should be just the opposite.

III. Were the courts below free to ignore the blatant bad faith filing of bankruptcy, which was nothing other than a device to create federal jurisdiction?

IV. Did parties to a case removed to bankruptcy court who objected to subject matter jurisdiction, moved for remand, abstention, and the withdrawal of reference of the case to bankruptcy court voluntarily appear to try the case before a non-Article III adjudicator, and if not, did the bankruptcy judge exceed his constitutional authority when he entered final judgment on a state law claim against a party not in bankruptcy?

Question Presented (AI Summary)

Should a case removed to bankruptcy court proceed through three levels of federal court without proof of subject matter jurisdiction?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-07-20
2022-12-27
Petition for a writ of certiorari filed. (Response due July 24, 2023)

Attorneys

Cross Keys Bank
Patrick Lawrence McCuneWiener, Weiss & Madison. APC, Respondent
Ronnie Ward, et al.
James A. RountreeRountree Law Office, Petitioner