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Allen Bernard Shay v. Alfred H. Siegel
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56094 · judgment February 27, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does a petitioner in pro se seeking bankruptcy have the same 14th amendment due process protection and equal rights protection guaranteed under the constitution as creditors when there are extreme economic fluctuations where there has been no 9th circuit court cases or safeguards since the holding in Haines v. Kerner 1972?
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Whether a bankruptcy court commits Fraud on the court when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court along with the bankruptcy’s trustee and his or her retained professional agents?
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Does a trustee or bankruptcy courts abuse its authority against debtors when it contravenes codes, specific statutory provisions or the authority provided by Congress?
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Did the trustee commit gross negligence or an act of wanton and reckless disregard for the debtor, that such acts permit this court to grant Petitioner the right to bring any and all legal actions against Alfred H. Siegel in his capacity as a bankruptcy trustee?
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Should a circuit split exist within the 9th circuit court of appeal where a trustee that had the intent to abandon debtor’s real estate properties and returned all debtor’s properties after trustee used his discretion to give notice to specific creditors of his choice, but the bankruptcy court applied Rule 6007(a) instead of Rule 2002 (a) as provided by authorized agent as directed in its last requested filed in the particular case; (h) or section 102(1) which provides that "notice and hearing" is construed to mean appropriate notice and an opportunity for a hearing. Neither §554 nor §725 specify to whom the notices are to be sent. Is this an abuse of discretion?
Counsel of record
For petitioner
Allen B. Shay
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 10 2022Rehearing DENIED.
- Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
- Oct 25 2021Petition for Rehearing filed.
- Oct 04 2021Petition DENIED.
- Jul 28 2021DISTRIBUTED for Conference of 9/27/2021.
- Nov 26 2019Petition for a writ of certiorari filed. (Response due July 12, 2021)