Peggy Kirton, et al. v. Valley Health System, et al.

• Whether a Bankruptcy Court cam declare a class unimpaired and, in a subsequent paragraph, impair the class of pensioners. • Whether the Bankruptcy Court lacks jurisdiction over these unimpaired creditors in this matter and is equitably stopped from acting otherwise. • If the pensioners were not unimpaired, as promised, they possessed voting rights which they were denied which voids the REORGANIZATION PLAN. • If the pensioners were impaired they possessed voting rights which they were denied. • Whether an Art. II Judge can exercise the duties of the Art. III judiciary or a California Superior Court absent specific Bankruptcy Court jurisdiction not present here. • Whether in a Chapter 9 bankruptcy the taking imposed in this matter, by the fiction of the class being unimpaired, resulted in an unconstitutional taking of a constitutionally protected property interest in their fully vested pension benefits without just compensation. • Whether the Bankruptcy Court allowed the payment of other debts without the payment of the substantially larger class deemed unimpaired when there are no funds provided for such purposes and/or by allowing the expenditure of the funds due to the unimpaired class which totally divested the class of any recovery whatsoever. • Whether once the debtor was dismissed from the mandate action any claimed jurisdiction failed.