bankruptcy-court

53 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6209 Rick Negrette v. Phu V. Pham, et al. Ninth Circuit 2025-11-24 Denied Response WaivedIFP 11-usc-110 bankruptcy-court fine-imposition judicial-discretion pro-se-litigant public-assistance The following issues are to be respectfully presented before this right honorable court: In addition to those listed below, two main issues arise bef…
25-119 Highland Capital Management, L.P. v. NexPoint Advisors, L.P., et al. Fifth Circuit 2025-07-31 Pending CVSGAmici (2) bankruptcy-court bankruptcy-process lawsuit-screening legal-gatekeeping liability-exculpation nondebtor-participants 1. Whether a bankruptcy court can act as a gatekeeper to screen noncolorable lawsuits against nondebtor bankruptcy participants. 2. Whether a bankrup…
24A917 Iván Vechioli Cruz, et al. v. Kiyomi M. Santos Onoda First Circuit 2025-03-25 Presumed Complete appellate-review bankruptcy-court discretionary-ruling reconsideration standard-of-review summary-judgment Question not identified.
24-6640 Jorge L. Quintana, Sr. v. Tanya Holzhaus, Individually and as Escrow Agent of Stewart Title Company, et al. Texas 2025-02-25 Denied IFP bankruptcy-court exemption-limits homestead-exemption property-rights state-law trustee-jurisdiction Whether individual states can set the parameters of a homestead exemption provided to the citizens of that state or does the filing of a bankruptcy pe…
24-878 Rachel Breaux v. Louisiana Stadium and Exposition District, et al. Louisiana 2025-02-18 Denied Response Waived abuse-of-discretion appellate-review bankruptcy-court equitable-factors fair-notice judicial-estoppel 1. Where Petitioner's duty to report her claim to the bankruptcy court was unclear and unsettled, would application of judicial estoppel to her claims…
24-6268 Ramon Moreno-Cuevas v. Town Sports International, LLC, et al. Third Circuit 2025-01-13 Denied IFP article-iii bankruptcy-court due-process jury-trial non-core-proceeding seventh-amendment Does a litigant in a non-core bankruptcy case, who does not consent to a non-Art-III court trial and who asks, based on his Seventh Amendment rights, …
24-454 Arthur Lopez v. Court of Appeal of California, Fourth Appellate District, Division Three, et al. California 2024-10-22 Denied bankruptcy-court civil-procedure due-process emotional-distress judicial-conflict self-representation 1.) Should Due Process of Law as mandated by the United States Constitution Fourteenth Amendment be afforded to self-represented litigant Plaintiff re…
24-5759 Andrew John Delaney v. Gregory Messer, Chapter 7 Trustee Second Circuit 2024-10-15 Denied IFP appellate-jurisdiction bankruptcy-court chapter-7 circuit-split final-order voluntary-dismissal Whether the Court should resolve the split between the United States Court of Appeals for the Ninth Circuit, In re Victoria Station, Inc. and In re: A…
24-5733 Brent Evan Webster v. United States Bankruptcy Court for the District of Oregon Ninth Circuit 2024-10-09 Denied Relisted (2)IFP appellate-review bankruptcy-court judicial-misconduct procedural-due-process property-dispute title-fraud Was it fair & just, bad faith or a misinterpretation of the law that on FEB 29 2024 Circuit Judges CLIFTON, CALLAHAN, and H.A. THOMAS, sustained Molly…
24-238 Charles K. Breland, Jr. v. Commissioner of Internal Revenue Eleventh Circuit 2024-09-03 Denied Response Waived bankruptcy-court consent-order iRS-claims res-judicata tax-assessment tax-liability In the Petitioner's Chapter 11 bankruptcy proceeding, the IRS filed multiple proofs of claim asserting that Petitioner owed federal income tax for yea…
24-98 Norman Abood, et al. v. James P. Carroll, Chapter 7 Trustee Third Circuit 2024-07-30 Denied article-iii-courts article-three bankruptcy bankruptcy-court congress-power constitutional-authority judicial-council jurisdictional-challenge statutory-interpretation united-states-constitution This case questions the Third Circuit's appropriation of Congress' exclusive power to create courts under Article III, § 1 of the United States Consti…
24-34 Ricky-Dean Horton v. PG&E Corporation Ninth Circuit 2024-07-12 Denied Response WaivedRelisted (2) 9th-circuit bankruptcy-court bankruptcy-procedure civil-procedure court-rules due-process judicial-discretion procedural-fairness statutory-interpretation substantive-rights 1. Whether the proceedings in the U. S. Bankruptcy Court N.D. Cal. failed to follow the rules and procedures for a fair and just determination of Peti…
23-785 PHH Mortgage Corporation v. Mark Anthony Guthrie Fourth Circuit 2024-01-22 Denied Amici (4) bankruptcy-code bankruptcy-court civil-contempt debt-collection discharge-injunction federal-preemption preemption state-law-claims uniform-federal-law Whether the Bankruptcy Code preempts state-law claims premised on alleged efforts to collect a debt in violation of the bankruptcy court's discharge i…
23-360 Richard Sharif, et al. v. Horace Fox, Jr., as Trustee Seventh Circuit 2023-10-04 Denied bankruptcy-court due-process foreign-court jurisdiction probate rooker-feldman-doctrine Whether a United States Bankruptcy Court has jurisdiction to overrule a foreign probate court order from Aleppo Syria or whether the Rooker-Feldman do…
23-281 Steven C. Fustolo v. The Patriot Group, LLC, et al. First Circuit 2023-09-22 Denied Relisted (2) appellate-review bankruptcy-court bias-in-fact circuit-split civil-procedure due-process fair-trial judicial-recusal recusal standard-of-review Should the national standard of review for a denial of a motion to recuse be abuse of discretion of de novo?
23-214 Juannelious Benjamin Murray, Sr. v. Safir Law P.L.C. Sixth Circuit 2023-09-07 Denied Response Waived 11-usc-362k1 attorney-fees automatic-stay bankruptcy-court bankruptcy-estate chapter-13 core-proceedings jurisdiction legal-services property-of-estate segal-v-rochelle Is it sound discretion for a bankruptcy court to disregard nearly sixty years of Supreme Court jurisprudence regarding what comprises property of a ba…
22-7199 William Paul Burch v. Nationstar Mortgage Holdings, Inc. Texas 2023-04-04 Dismissed IFP bankruptcy bankruptcy-court community-property federal-court-jurisdiction lien lien-extinguishment standing standing-issue summary-judgment texas-constitution The lien on this property was extinguished under the Texas Constitution because neither the loan nor the Deed of Trust was signed by Petitioner, Willi…
22-6954 Juanita Burch v. Rushmore Loan Management Services, L.L.C. Fifth Circuit 2023-03-07 Denied Response WaivedIFP bankruptcy-court bankruptcy-procedure bankruptcy-removal civil-procedure court-jurisdiction federal-jurisdiction lien-extinguishment loan-management procedural-error removal summary-judgment The defendant, Rushmore Loan Management Services, LLC (Rushmore) lost a hearing in the state court because they did not have a loan on the property an…
22-631 Highland Capital Management, L.P. v. NexPoint Advisors, L.P., et al. Fifth Circuit 2023-01-09 Denied CVSGResponse RequestedResponse WaivedRelisted (5) bankruptcy-code bankruptcy-court chapter-11 circuit-split debt-discharge discharge reorganization-plan statutory-interpretation third-party-liability third-party-releases Section 524(e) of the Bankruptcy Code states that the "discharge of a debt of the debtor does not affect the liability of any other entity on, or the …
22-6375 Homayoun Maali v. William K. Harrington, United States Trustee First Circuit 2022-12-22 Denied IFP bankruptcy bankruptcy-court civil-rights constitutional-rights discrimination due-process nationality pro-se pro-se-litigant religion 1- The circuit court of appeal allow the respondent violates the petitioner constitutional rights because of discrimination because of the origin o…
22-5860 Brent Evan Webster v. United States District Court for the District of Oregon Ninth Circuit 2022-10-18 Denied Relisted (2)IFP 18-usc-152-4 bankruptcy-court bankruptcy-fraud constitutional-rights creditor-claims due-process false-claims foreclosure perfected-claims secured-and-unsecured-creditors Is it true, that the courts errored by allowing the USBK Court Division Portland, Oregon and their attorney's to violate Webster's "Due Process Right…
22-5852 Brent Evan Webster v. Select Portfolio Servicing, Inc. Ninth Circuit 2022-10-17 Denied Relisted (2)IFP adversary-proceeding adversary-proceedings bankruptcy-court bankruptcy-procedure claim-discharge discharge homestead-protection judicial-error priority-claims res-judicata trustee trustee-administration Did Portland US Bankruptcy Court error, primarily "Judge" Peter McKittrick when he dismissed the adversary filings of Webster, failing to sustain his …
22-5482 William Paul Burch v. Homeward Residential Incorporated Fifth Circuit 2022-09-01 Denied Response WaivedRelisted (2)IFP bankruptcy-court due-process in-forma-pauperis non-article-iii-judge removal-court removal-jurisdiction removal-time-limit rooker-feldman-doctrine state-court-appeals thirty-day-window vexatious-litigant If a petition is filed in state district court and results in a default judgment and is appealed by the defendant to the state court of appeals which …
21-1321 Yan Sui v. Richard A. Marshack, et al. Ninth Circuit 2022-04-04 Denied Response Waived bankruptcy bankruptcy-court civil-procedure civil-rights discharge-injunction due-process ninth-circuit property-rights standing summary-affirmance takings Layperson Yan Sui is not legally trained to correctly raise the question for Court to decide. Sui has thought about these questions: (1) whether lower…
21-1277 David Allen O'Neal v. Crawford County, Georgia Georgia 2022-03-23 Denied attorney-fees bankruptcy bankruptcy-court civil-procedure county-employee county-liability personal-jurisdiction third-party-release third-party-releases void-judgment 1. Without personal jurisdiction over the attorney, where the judgment against the County paid attorney is really a judgment against the County, isn't…
21-1177 Philip Jay Fetner v. Kevin R. McCarthy Fourth Circuit 2022-02-25 Denied Response Waived appeal appellate-review bankruptcy bankruptcy-court bias constitutional-rights due-process judicial-bias recusal (1) Was Debtor's (Petitioner's) fundamental right to due process violated by the Bankruptcy Court who admittedly early in this case developed and drov…
21-1119 Paul Francis v. John O. Desmond, United States Trustee First Circuit 2022-02-11 Denied Response Waived 11-usc-521 11-usc-727 appellate-review bankruptcy-court bankruptcy-procedure court-of-appeals discharge-denial due-process judicial-discretion statutory-interpretation sua-sponte Whether the First Circuit Court of Appeals committed error when affirming judgment from the Bankruptcy Court Appellate Panel refusing to reverse the B…
21-1049 Alice Guan v. Ellingsworth Residential Community Association, Inc. Eleventh Circuit 2022-01-27 Denied appellate-review automatic-stay bankruptcy-court bankruptcy-procedure constitutional-rights due-process final-order judicial-order laws-of-the-united-states rule-3007 1. Whether bankruptcy court violated Petitioner's rights protected by the Constitution and the laws of the United States and by other laws and rules b…
21-1047 Annick Roy, as Special Administrator of the Estate of Jean-Guy Veilleux, Deceased, et al. v. Canadian Pacific Railway Company First Circuit 2022-01-27 Denied Amici (1) appeal appeal-tolling bankruptcy-court bankruptcy-procedure civil-procedure district-court federal-rules judicial-review title-11 1. The Federal Rules of Bankruptcy Procedure govern procedure in "cases under title 11 of the United States Code." Fed. R. Bankr. P. 1001. Does the te…
21-803 Wendy Dale v. Algernon Lee Butler, III Fourth Circuit 2021-11-30 Denied Response Waived bad-faith bankruptcy-conversion bankruptcy-court chapter-13 means-test pending-lawsuit pro-se-debtor social-security social-security-disability 1. May a bankruptcy court deny a Motion to Convert to Chapter 13 Bankruptcy on the basis of bad faith and inability to qualify as a Chapter 13 debtor …
21-713 Victor P. Kearney v. Unsecured Creditors Committee, et al. Tenth Circuit 2021-11-15 Denied Response Waived 14th-amendment bankruptcy-court bankruptcy-trustee district-court-jurisdiction due-process fiduciary-duty jurisdiction trust-law trustee-appointment I. When does a lower district court have the sole discretion to influence, lead, dictate, supersede, deny, or nullify the jurisdiction of the higher f…
21-701 Oakley Grain, Inc., et al. v. M. Randy Rice, Chapter 7 Trustee, et al. Eighth Circuit 2021-11-12 Denied Response Waived bankruptcy bankruptcy-court circuit-split civil-procedure district-court injunction interpleader standing state-court-lawsuit Whether the Eighth Circuit erred in affirming the District Court's Order affirming the Bankruptcy Court's ruling that the State Court lawsuit did not …
21-599 Margaret L. Kinney v. HSBC Bank USA, N.A. Tenth Circuit 2021-10-26 Denied CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) bankruptcy bankruptcy-court chapter-13 completion-discharge debtor-rights discharge modification motion-to-dismiss payment plan plan-modification Should certiorari be granted to resolve the conflict among the courts of appeals as to whether a bank-ruptcy court may deny a motion to dismiss and/or…
21-6019 James Paul Arlotta v. His Holiness Pope Francis, et al. Second Circuit 2021-10-19 Dismissed IFP appearances-of-impropriety bankruptcy-court civil-rights conflicts-of-interest constitutional-questions court-jurisdiction due-process establishment-clause judicial-proceedings legal-review recusal Question not identified.
21-278 John Krakowski, et al. v. Allied Pilots Association, et al. Second Circuit 2021-08-25 Denied Response Waived 11-usc-1113 bankruptcy-court collective-bargaining discrimination duty-of-fair-representation labor-union railway-labor-act seniority-system Where a labor union imposed as part of its collective bargaining agreement a seniority system that admittedly discriminated in bad faith against a dis…
21-5344 Edith Woodberry v. City of Detroit, Michigan Sixth Circuit 2021-08-11 Denied Response WaivedIFP bankruptcy bankruptcy-court constitutional-obligation due-process eminent-domain fifth-amendment just-compensation public-policy takings 1. It is against public policy and the United States Constitution to permit the bankruptcy court to discharge in bankruptcy the City of Detroit's mand…
20-1518 QDOS, Inc. v. Matthew Hayden, et al. Ninth Circuit 2021-04-29 Denied appealable-order appellate-panel bankruptcy bankruptcy-appellate-panel bankruptcy-court bankruptcy-proceeding final-order interlocutory-order involuntary-petition judicial-review Whether a Bankruptcy Appellate Panel's order reversing a bankruptcy court's dismissal of an involuntary petition constitutes a final, appealable order…
20-6432 Elise LaMartina v. David Adler, et al. Fifth Circuit 2020-11-25 Denied IFP automatic-stay bankruptcy-court bankruptcy-jurisdiction barton-doctrine creditor-claims immunity judicial-immunity jurisdiction state-court trustee ultra-vires-acts i. May a bankruptcy court apply the Barton Doctrine to its own proceedings and exponentially expand its authority under Barton v. Barbour, 104 U.S. 1…
20-671 In Re Atul C. Shah 2020-11-16 Denied Relisted (2) bankruptcy-court civil-rights discrimination due-process eeoc-investigation employment-discrimination first-amendment free-speech judicial-procedure religion standing 1. The primary purpose of the Petition for an Extraordinary Writ is the exceptional circumstances warrant the exercise of the Supreme Court's discreti…
20-5602 Robyn Jill Farrington v. U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust, et al. Third Circuit 2020-09-08 Denied Response WaivedIFP bankruptcy bankruptcy-court equitable-powers fraud mortgage-foreclosure proof-of-claim res-judicata Rooker-Feldman-doctrine Whether claims of fraud in a mortgage foreclosure action are barred by the Rooker-Feldman doctrine and res judicata. Whether the dismissal of a chall…
20-5529 Herman Bernard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-31 Denied IFP aedpa amendment bankruptcy-court district-court due-process habeas-corpus judgment jurisdictional-defect procedural-rules successive-motions successive-petition Question not identified.
20-46 Port of Corpus Christi Authority of Nueces County, Texas v. Sherwin Alumina Company, LLC, et al. Fifth Circuit 2020-07-20 Denied Amici (1)Response Waived bankruptcy-code bankruptcy-court bankruptcy-jurisdiction debtor-rights due-process in-rem-jurisdiction sovereign-immunity state-property state-property-rights takings whether a bankruptcy court's in rem jurisdiction over a debtor's property allows it to exercise in rem jurisdiction over the separate property of an a…
19-1456 KK-PB Financial, LLC v. 160 Royal Palm, LLC Eleventh Circuit 2020-07-02 Denied asset-sale bankruptcy bankruptcy-code bankruptcy-court bankruptcy-court-discretion bid-procedures debtor-asset debtor-estate debtor's-estate discretionary-power higher-better-offer higher-bid maximize-value-estate private-sale public-bid-procedures sale-maximization Does a bankruptcy court abuse its discretion when it cancels public bid procedures and approves the private sale of a debtor's principal asset, even t…
19-1346 Viktoria Benkovitch v. Deutsche Bank National Trust Company Eleventh Circuit 2020-06-08 Denied Response Waived bankruptcy-code bankruptcy-confirmation bankruptcy-confirmation-order bankruptcy-court bankruptcy-plan chapter-11 due-process final-judgment final-order res-judicata secured-creditor In this case, there is a confirmed Chapter 11 bankruptcy plan, substantially consummated, and later, converted to a Chapter 7. "[T]he provisions of a …
19-1152 ISL Loan Trust, et al. v. Millennium Lab Holdings II, LLC, et al. Third Circuit 2020-03-20 Denied Response Waived article-iii bankruptcy-court bankruptcy-court-authority constitutional-authority debtor-creditor-relationship equitable-mootness non-debtor-claims non-debtor-releases nonconsensual-release restructuring restructuring-debtor-creditor stern-v-marshall I. Whether a bankruptcy court has authority, under Article III of the Constitution and this Court's decision in Stern v. Marshall, 564 U.S. 462 (2011)…
19-890 Tom Jensen v. Hannah Blumenstiel, Judge, United States Bankruptcy Court for the Northern District of California, et al. Ninth Circuit 2020-01-17 Denied Response Waived attorney-misconduct bankruptcy-court declaratory-relief due-process injunctive-relief judicial-immunity public-access Is a Bankruptcy Court judge absolutely immune from a complaint for injunctive and declaratory relief for denial of public access to the court? Should…
18-1337 Robert Rael, et ux. v. Patrick S. Layng, United States Trustee, Region 19 Tenth Circuit 2019-04-24 Denied Response Waived 11-usc-727 bankruptcy bankruptcy-court bankruptcy-court-jurisdiction chapter-11 chapter-11-plan chapter-eleven-plan civil-procedure court-order debtor post-confirmation property-of-estate property-of-the-estate subject-matter-jurisdiction willful-disobedience This case presents a conflict as to the subject matter jurisdiction of bankruptcy courts. It also presents conflicts as to whether an order entered by…
18-1229 In Re Carolyn Fjord, et al. 2019-03-21 Denied Response Waived 7th-amendment antitrust antitrust-law bankruptcy bankruptcy-court beacon-theaters civil-procedure civil-rights clayton-act due-process jury-trial mandamus seventh-amendment • Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for dama…
18-8304 Whitney N. Broach v. David G. Peake, Chapter 13 Trustee Fifth Circuit 2019-03-06 Denied IFP attorney-mistakes bankruptcy-attorney bankruptcy-court bankruptcy-filings bankruptcy-judge bankruptcy-law bankruptcy-petition bankruptcy-procedure civil-procedure due-process excusable-neglect federal-courts federal-rules-civil-procedure medical-bills procedural-rights Does a Federal Bankruptcy Judge (who has required the debtor to employ a Board Certified in Consumer Bankruptcy Attorney) deny the debtor's procedural…
18-957 NextEra Energy, Inc. v. Elliott Associates, L.P., et al. Third Circuit 2019-01-24 Denied Amici (1) 11-usc-363 11-usc-503 bankruptcy bankruptcy-court bankruptcy-law bankruptcy-sale breakup-fee business-judgment-rule circuit-split debtor section-363 section-503 Whether a debtor's decision to agree to a negotiated breakup fee as part of a sale transaction should be reviewed by the bankruptcy court under the de…
18-920 Margaret Adeline Veltre v. Fifth Third Bank Third Circuit 2019-01-16 Denied Response Waived antecedent-debt bankruptcy-code bankruptcy-code-section-547 bankruptcy-court chapter-7-bankruptcy circuit-split creditor-rights insolvency liquidation-value preferential-transfer property-transfer property-valuation sheriff-sale valuation Whether the Bankruptcy Code mandates a Bankruptcy Court determine the value of property transferred to a creditor within ninety days prior to a Bankru…
18-6799 Maurice R. Nash v. Wachovia Bank, et al. Ninth Circuit 2018-11-27 Denied Response WaivedIFP 14th-amendment bankruptcy-court bankruptcy-law civil-rights color-of-state-law congress congress-authority constitutional-rights due-process judicial-authority legal-jurisdiction state-law Do the United State Bankruptcy Court for the Central District of Los Angeles, California 90012, Case Number LA02-30368TD, Acting under the Color of th…
18-299 Ross Harry Briggs v. Charles E. Rendlen, III, Judge, United States Bankruptcy Court for the Eastern District of Missouri Eighth Circuit 2018-09-07 Denied Response Waived article-iii bankruptcy bankruptcy-court civil-procedure claims-allowance creditor-debtor creditor-debtor-relations due-process federal-claim federal-jurisdiction judicial-jurisdiction jurisdiction separation-of-powers Whether a federal claim pending before an Article I bankruptcy judge and intertwined with the bankruptcy but resolvable outside the claims allowance p…