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Clifford Allen Brace, Jr. v. Steven M. Speier, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55153 · judgment August 25, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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DUE PROCESS ■ Whether the Bankruptcy court's order violates the 5th, 8th and 14th amendments of the United States Constitution.
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BODILY DETENTION ■ Whether the court abused it's discretion and violated the Petitioner’s Due Process Rights when it issued a bodily detention order, that ordered the Petitioner to pay $229,000 to the trustee in 7 days of an order sent by covid-19 mail, without any facts or proof that Petitioner has $229,000 in his possession, and further pay $26,080.99 to the trustee as damages for attorney's fee and costs without proof that the Petitioner has the ability to pay. 3. ACTS UNDER 11 U.S.C. - Whether any purported acts of the Petitioner were protected under 11 U.S.C. § 541(b), that would give rise to a reasonable belief that those acts did not violate a purported automatic stay.
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JURISDICTION ■ Whether the Bankruptcy court has jurisdiction to issue and order wherein the personal and subject matter jurisdiction over the issues was reserved to the State court under a dismissal and settlement agreement.
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PROBATE EXCEPTION • Whether the Bankruptcy court has jurisdiction over the assets and administration of a probate estate.
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CONTEMPT - Whether the court abused it’s discretion in finding Petitioner in civil contempt for purportedly violating and automatic stay where the only evidence presented by the trustee was a substitution of trustee, signed by the petitioner, and no other relevant facts just unsupported allegations B. PARTIES INVOLVED The parties involved are identified in the style of the case.
Counsel of record
For petitioner
Clifford Allen Brace Jr.
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 21 2022Petition DENIED.
- Mar 02 2022DISTRIBUTED for Conference of 3/18/2022.
- Nov 16 2021Petition for a writ of certiorari filed. (Response due February 14, 2022)