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Alice Guan v. Ellingsworth Residential Community Association, Inc.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-12965 · judgment October 26, 2021


Certiorari denied · April 4, 2022
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

  1. Whether bankruptcy court violated Petitioner’s rights protected by the Constitution and the laws of the United States and by other laws and rules by issuing an order creating a legal case against Petitioner and setting firm trial date and firm date for the end of discovery when there was no contro­ versy and no dispute and no complaint in exist­ ence and whether such bankruptcy court order is a final order warranting Petitioner’s right to ap­ peal to the district court.

  2. Whether bankruptcy court violated Petitioner’s rights protected by the Constitution and the laws of the United States and by other laws and rules by issuing an order to direct Respondent file an objection to Petitioner’s Amended Claims 4-3 and 5-2 after Rule 3007 has already barred such objec­ tion be filed, and whether such bankruptcy court order is a final order warranting Petitioner’s right to appeal to the district court.

  3. Whether bankruptcy court’s order to create a legal case and to set firm trial date and firm date for the end of discovery (to adjudicate Claims 4-3 and 5-2 which are the claims from the state case Com­ plaint and Counterclaim) is a final order warrant­ ing Petitioner’s right to appeal to the district court when bankruptcy court’s such order was issued 21 days after Petitioner’s motions for relief from au­ tomatic stay have been fully briefed to the bank­ ruptcy court and bankruptcy court has already taken the matter under advisement, i.e., whether bankruptcy court’s such order was an order denying Petitioner’s motions for relief from automatic stay.

Counsel of record

For petitioner
Alice Guan

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 04 2022
    Petition DENIED.
  2. Mar 16 2022
    DISTRIBUTED for Conference of 4/1/2022.
  3. Jan 24 2022
    Petition for a writ of certiorari filed. (Response due February 28, 2022)