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Michael D. J. Eisenberg v. Shirley Swain

Paid petition · District of Columbia Court of Appeals, No. 19-CV-189 · judgment July 30, 2020


Certiorari denied · May 3, 2021
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

The undisputed facts and circumstances demonstrate that the lower courts’ decisions lack both factual and legal sufficiency – simply put, pursuant to Bingham v. Goldberg, Marchesano, Kohlman, Inc., they are wrong. The lower (local) courts have demonstrated a failure to understand and properly implement federal bankruptcy law. I. Whether a local court can order release of core bankruptcy funds when it does not assume concurrent jurisdiction per 28 U.S.C. § 1334 (b) II. Whether a local court can create ad hoc federal bankruptcy law by misapplying federal bankruptcy laws when it (finally) carries out its concurrent jurisdiction per 28 U.S.C. § 1334(b). III. Whether a local court’s orders (and subsequent orders) are void ib abnito when premised on a failure to assume jurisdiction based on 28 U.S.C. § 1334(b) or fails to execute federal bankruptcy laws based on law and fact.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Feb 22 2021
    Petition for a writ of certiorari filed. (Response due March 31, 2021)