Yan Sui v. Richard A. Marshack, et al.

1 PREFACE STATEMENT Admission of Respondent, Richard A. Marshack, Chapter 7 Trustee (“Trustee”) of Yan Sui (“Sui”) on May 2, 2019 to California Supreme Court in In re: Clifford Allen Brace, Jr. v. Steven Speier, Chapter 7 Trustee Case No. S252473 that “Property of a bank­ ruptcy estate does not include the separate property of a non-debtor spouse” undermined the prior rulings of Bankruptcy, District Courts and Ninth Circuit. Accordingly, Sui filed an adversary with Bank­ ruptcy Court against Trustee, Wells Fargo Bank, N.A. et al to recover the real property. Bankruptcy Court clerk office filed the adversary. Shortly after, it noticed a dismissal w/o an order by a judge. Sui appealed to District Court. Assigned District Judge Josephine L. Staton issued the scheduling order. Sui filed the OB and attached the EL. Wells Fargo requested appeal be transferred to Judge John A. Kronstadt without serving Sui. Sui missed the 5- day statutory limit to oppose. As a result, appeal was transferred. Wells Fargo moved to strike the NOA and dismiss the appeal based on the pre-filing order of Judge Kronstadt. He ordered the NOA striken and the appeal dismissed. Sui appealed to Ninth Circuit. It stayed the appeal since Aug. 2020 based on its pre-filing order. That order was under Sui’s petition of 17-831. In pro­ ceeding before Ninth Circuit, Trustee, Wells Fargo and Krusey, had no viable opposition. They judicially