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Ronald Bias v. Tangipahoa Parish School Board

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30982 · judgment March 22, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 10% cert probability (95% interval 7%–13%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Does the Fifth Circuit Court of Appeal’s precedent that all Chapter 13 debtors have a continuing duty to disclose all post-confirmation claims offend the First and Fifth Amendments of the U.S. Constitution be­ cause it contravenes clear and unambiguous law and regulations granting some Chapter 13 debtors stand­ ing to pursue all post-confirmation claims without the court’s permission? If a debtor has standing to pursue a post­ confirmation claim without court permission, does this standing overcome judicial estoppel issues? If a debtor is in compliance with bankruptcy code and regulations, and if the confirmed plan to which he is bound does not require disclosure of post­ confirmation claims, is it possible that he can be said to have taken an inconsistent position for his nondis­ closure of a post-confirmation claim? ;’’C13V7ri03fCi s bp; i; m

Counsel of record

For petitioner

For respondent
Danielle A. Boudreaux

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 13 2019
    Supplemental brief of respondent Ronald Bias filed. (Distributed)
  3. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 08 2019
    Waiver of right of respondent Tangipahoa Parish School Board to respond filed.
  5. Jun 18 2019
    Petition for a writ of certiorari filed. (Response due July 22, 2019)