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Michael White v. Donald Knapp, Jr., et al.

Paid petition · Court of Appeals of Michigan, No. 346921 · judgment April 23, 2020


Certiorari denied · May 24, 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.

Questions presented

"The owner of the land before sale...may effect a constructive severance of a crop, and thus prevent it from passing to the purchaser." Kroth vDobson, 324 Mich 384 at 399 (1949) citing Ray v Foutcb (Tex.Civ.App.), 50 S.W.2d 380, 381. QUESTIONS:

  1. When a debtor uses 11 USC 522(d)(3) to legally exempt property from the bankruptcy estate and a subsequent state court jurisdiction ownership conflict arises (preemption doctrine), are state courts required to give full faith and credit to bankruptcy law granting debtor’s exemptions?

  2. Does failure to honor a debtor’s exempt property ownership rights violate the federal bankruptcy code, Law vSiegel, 571 U.S. (2014), Schwab vReilly 560 U.S. 770 (2010), by extension, preemption, due process, and equal protection rights under the U.S. Constitution, and Michigan Constitution?

  3. Did the state courts wrongly deny debtor state court standing to pursue enforcement of debtor’s property ownership for items removed from the bankruptcy estate by 11 USC 522(d) exemption?

Counsel of record

For petitioner
Michael B. White

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 24 2021
    Petition DENIED.
  2. May 04 2021
    DISTRIBUTED for Conference of 5/20/2021.
  3. Mar 16 2021
    Petition for a writ of certiorari filed. (Response due April 19, 2021)