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Erlinda Abibas Aniel v. ResCap Liquidating Trust

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3438 · judgment September 20, 2017


Certiorari denied · April 16, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the Court of Appeals possess unfettered discretion in cancelling an already scheduled oral argument duly communicated to the parties therein who strictly complied with and followed the instructions to the letter causing her to be placed in a lose-lose situation that amounted to a gross violation of her rights of procedural due process as constitutionally guaranteed under the 5th and 14th - Amendments to the U.S. Constitution on due process? Did the Court of Appeals gravely err in its refusal to give due effect to the doctrine of res judicata as a consequence of the bankruptcy court's decision discharging her of all her debts disclosed in the records and thus giving a fresh start, in respect to core issue of her vested interests in the subject property wrongfully foreclosed? Did the Court of Appeals gravely err when it ruled that she lacked standing under Article III of the U.S. Constitution to pursue her proofs of claim over the subject property which was wrongfully foreclosed thereby depriving her of her constitutional right to substantive due process under the 5th and 14th Amendments to the U.S. Constitution to the effect that no person shall be deprived of her property without due process of law? (i)

Counsel of record

For petitioner
Erlinda Abibas Aniel

For respondent
Marc Andrew Hearron
Center for Reproductive Rights

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 09 2018
    Waiver of right of respondent ResCap Liquidating Trust to respond filed.
  4. Feb 06 2018
    Petition for a writ of certiorari filed. (Response due March 29, 2018)