No. 22-7199

William Paul Burch v. Nationstar Mortgage Holdings, Inc.

Lower Court: Texas
Docketed: 2023-04-04
Status: Denied
Type: IFP
IFP
Tags: bankruptcy bankruptcy-court community-property federal-court-jurisdiction lien lien-extinguishment standing standing-issue summary-judgment texas-constitution
Latest Conference: 2023-06-01
Question Presented (from Petition)

The lien on this property was extinguished under the Texas Constitution because neither the loan nor the Deed of Trust was signed by Petitioner, William Paul Burch (Burch). Does the lack of a signature resulting in a legally voided lien also mean that Burch does not have standing in a community property state?

Can an Article I Federal Bankruptcy Court force Burch to get permission from the Bankruptcy Court to file a complaint in state court or to oversee state court by requiring that any motion filed in the state court get permission from the Bankruptcy Court first?

If summary judgment is granted for lack of standing and the standing issue is reversed then is the summary judgment reversed?

Question Presented (AI Summary)

Whether the lack of a signature resulting in a legally voided lien also means that the petitioner does not have standing in a community property state

Docket Entries

2023-06-05
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-03-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2023)

Attorneys

William Paul Burch
William Paul Burch — Petitioner