No. 24-5232

Christopher N. Queen v. James Phelan, et al.

Lower Court: Kansas
Docketed: 2024-08-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11-usc-362 11-usc-524 automatic-stay-violation bankruptcy-stay circuit-court-split constitutional-violation due-process federal-injunction jurisdiction-challenge void-ab-initio void-judgment voidable
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2024-09-30
Question Presented (from Petition)

Question One: Whether the five trespasser respondents with primary
responsibility for their jurisdiction across 22 years acting in the complete absence of
power conferred by law, due to intentional violation by a creditor (officer of that
court) of the automatic stay, pursuant to 11 U.S.C. §§ 362(k)(l) and 524(a)(l)(2)
renders the state case 02LA03236 "void ab initio " as held by some Circuit Courts
(1st,2nd, 9th, 10th) of the United States or is the case voidable as held by
(3rd, 5th,6th, 11th) Circuit Courts of the United States?

Question Two: Whether the five trespasser respondents in their alleged judicial
action with no power conferred by law ever, in 02LA03236 here for twenty-two
years, have acted in Quo Warranto, unlawfully exercising a state office in the
absence of power conferred by law per Chief Justice definition in Ames v Kansas.
Ill U.S. 449 (1888), opinion of this Court?

Question Three: Has the Kansas Supreme Court abused discretion/violated the
law, where relief from void judgment is mandatory when Rule 60 (b)(4) (accord .
K.S.A. 60-260 (b)(4)) [asserted before John McEntee] is applicable to the void
judgment per the Ks Sup. Ct. allowing the null and void judgment to stand in
violation of their mandatory duty arising under the Constitution to vacate and set
aside the void judgment?

Question Four: Can a debtor whose federal injunctive rights under intentional
violation of the automatic stay and then per the enjoinment of process under section
524 (a)(l)(2) are already violated on the point or points of U.S. law as arising under
the Constitution, be under requirement to reopen a bankruptcy case for
enforcement of the federal law 's injunction and demand action for civil contempt
also in view of 11 U.S.C. § 105?

Question Five: Is a requirement to reopen the bankruptcy as held by some
circuits, district and bankruptcy courts, a violation of due process and equal
protection, potentially forcing costly re-litigation of settled matters, on points of
federal law arising under the Constitution?

Question Six: If 11 U.S.C. § 524 (a) being a federal injunction do states ' district,
appellate and Supreme Courts and all federal courts have to obey the injunction,
and vacate a void judgment as result, of being decided by a court aside from the
bankruptcy court, without any further order from a federal court?

Question Seven: Does registering a void judgment, per the intentional violation of
the automatic stay 11 U.S.C. 362 and/or discharged debt per 11 U.S.C. § 524(a)(l)(2)
in an opposing state and circuit negatively affecting the commerce clause of the
Constitution [Article 1, Section 3] "fraud on the states " (?) and does such violation
invoke this Court 's original jurisdiction, for determination of fraud, concerning
Article I Section 3, where the injunction arises as a fraudulent matter between
states under the "full faith and credit clause " and under the Constitution also per
Article 1 and at Section 8?

Question Eight: Is this a case where a creditor filed a judgment in a local court

Question Presented (AI Summary)

Whether the five trespasser respondents with primary responsibility for their jurisdiction across 22 years acting in the complete absence of power conferred by law, due to intentional violation by a creditor (officer of that court) of the automatic stay, pursuant to 11 U.S.C. §§ 362(k)(1) and 524(a)(1)(2) renders the state case 02LA03236 'void ab initio' as held by some Circuit Courts (1st,2nd;9th, 10th) of the United States or is the case voidable as held by (3rd,5th,6th, 11th) Circuit Courts of the United States?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-27
Waiver of right of respondent James Phelan, et al. to respond filed.
2024-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2024)

Attorneys

Christopher N. Queen
Christopher Queen — Petitioner
James Phelan, et al.
Anthony John PowellOffice of the Kansas Attorney General, Respondent
Robert Curtis HutchisonOffice of the Kansas Attorney General, Respondent