No. 24-6840

In Re Lolonyon Y. Akouete

Lower Court: N/A
Docketed: 2025-03-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy-appeal bankruptcy-procedure due-process finality-doctrine irreparable-harm judicial-review
Latest Conference: 2025-05-22
Question Presented (from Petition)

1. Whether the First Circuit and the Bank
ruptcy Appellate Panel erred in dismissing Petition
er's appeal for lack of finality by narrowly interpret
ing the Forgay-Conrad and marginal finality doc
trines, failing to recognize that the denial of an inter
im distribution inflicted irreparable harm, barred
meaningful participation in the bankruptcy proceed
ings, and prevented Petitioner from attending to a
family health emergency.

2. Whether the Bankruptcy Court 's refusal to
grant an interim distribution, despite sufficient es
tate funds exceeding $1.29 million and an urgent fi
nancial and medical emergency, constitutes an abuse
of discretion and violates the Fifth and Fourteenth
Amendments ' Due Process Clauses by depriving the
Petitioner of property without just compensation or a
meaningful opportunity to be heard, rendering judi
cial relief effectively unattainable, and contravening
the Bankruptcy Code 's requirement that cases be
administered as expeditiously as possible.

3. Whether the trustee breached his fiduciary
duty under 11 U.S.C. § 704(a)(1) and violated the
statutory mandate under 11 U.S.C. § 502(b) by refus
ing to make an interim distribution despite sufficient
estate funds and failing to evaluate creditor claims in
a timely manner, thereby prioritizing other interests
over the equitable treatment of all creditors.

4. Whether the Town of Westborough 's use of
bankruptcy proceedings to try to sell a property it
foreclosed on for zero consideration to a favored party
for $2.5 million —despite an appraised value of $4.9
million —rather than subjecting it to open-market
bidding, violates federal due process, the principles of
fair dealing under state and federal commercial law,
and Massachusetts General Laws Chapter 30B pro
curement requirements, raising an unsettled and
significant federal question in light of Tyler v.
Hennepin County, 598 U.S. 631 (2023), requiring this
Court 's intervention.

5. Whether the Bankruptcy Court 's order bar
ring responses to the Petitioner 's filings unless
scheduled for a hearing with an objection deadline
effectively deprives the Petitioner of judicial review,
undermines due process, and allows for the proce
dural dismissal of substantive motions —such as an
expedited motion for summary judgment —without
consideration, violating fundamental principles of
fairness and access to justice.

6. Whether the Bankruptcy Court 's failure to
act on the Petitioner 's motion for summary judg
ment, coupled with the deliberate obstruction by oth
er parties, constitutes a denial of due process and ac
cess to judicial review, effectively preventing the Pe
titioner from obtaining a timely adjudication of his
claims in violation of fundamental principles of fair
ness and procedural justice.

7. Whether this court should recognize a new
doctrine allowing immediate appeal in cases where
irreparable harm is occurring, but the delivery of
property is not immediate due to pending claim al
lowance processes, particularly when a party is using
protracted litigation to delay the allowance of claims
and obstruct rightful relief.

Question Presented (AI Summary)

Whether the First Circuit and Bankruptcy Appellate Panel erred in dismissing Petitioner's appeal for lack of finality by narrowly interpreting the Forgay-Conrad and marginal finality doctrines, failing to recognize irreparable harm and preventing meaningful participation in bankruptcy proceedings

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-04-22
Waiver of right of respondents Jonathan Goldsmith, Chapter 7 Trustee to respond filed.
2025-04-18
Waiver of right of respondent Town of Washington to respond filed.
2025-04-18
Waiver of right of respondents Nathanson & Goldberg, P.C. and The Mobil Street Trust, Petitioning Creditors to respond filed.
2025-03-07
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2025)

Attorneys

Jonathan Goldsmith, Chapter 7 Trustee
Christine E. DevineNicholson Devine LLC, Respondent
Lolonyon Akouete
Lolonyon Y. Akouete — Petitioner
Nathanson & Goldberg, P.C. and The Mobil Street Trust, Petitioning Creditors
Stephen F. GoldenThe Gordon Law Firm, LLP, Respondent
Town of Washington
Roger L. SmerageKP Law, P.C., Respondent