Philip Jay Fetner v. Kevin R. McCarthy

Petitioner asks this Court to review two inter­ related questions:

1. Was Debtor’s (Petitioner’s) fundamental right to due process violated by the Bankruptcy Court who admittedly early in this case developed and drove a bias-for a predetermined result adverse to Debtor but refused to recuse itself as mandated by 28 U.S. Code §455(a)?

2. Moreover, was Debtor’s constitutional right to an appeal violated first by a District Court that itself was compromised and did not properly address compelling facts and objective arguments, when individually or taken as a whole reasonably demonstrated the Bankruptcy Court’s prejudice or bias, and second by a Circuit Court of Appeals that effectively failed to address both the merits of the original motion to recuse or the argument for the District Court’s own recusal? In sum, this case concerns clear demonstrable bias in a bankruptcy court, followed by two sham appeals. The overriding issue is whether this Supreme Court will exercise its jurisdiction, both appellate and supervisory, to preserve the ethical compass of the bankruptcy process. The importance of this matter will be argued further by Petitioner in this brief.