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In Re Jack R. Finnegan

Paid petition


Certiorari denied · October 3, 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.

Question presented

CONSTITUTION QUESTIONS AND FEDERAL LAWS, RULE 22(a) Why is the Inferior Officer who was disqualified in June, 2018, for Bias and Prejudice, allowed to be in defiance to the order of the United States Supreme Court, in, Liteky v. United States, 114 S. Ct. 1147, 1162 (1994), defiance to 28 USC 8455, and defiance to the Ninth Circuit General Order #224(4), Bankruptcy Rule 5004(a), governed by 28 USC 8455, and pursuant to 11 USC 8102(l)(A), when Legislative Statements of 8102, states, shall not be permitted to act on his own or to continue his Bias and Prejudice and non-judicial behavior? If all orders by a disqualified (Inferior Officer) are void, then the order for appointment of a trustee in Chapter 11, was not only an act of Bias and Prejudice, it was also insubordinate to the Federal Bankruptcy Code, of the above quoted sections and in particular 11 USC 8348(e) how is it possible for Marshack to claim that he was legally appointed without committing perjury and fraud? If Bankruptcy Judges are Inferior Officers pursuant to 28 USC 8157(b)(1), and can only hear and determine issues of core proceedings under Title 11 USC, how is it possible for an Inferior Officer to order an illegal Constitutional Taking of a property valued over $7 million, in violation of the 5th and L4th Amendments? Does filing for Individual Reorganization pursuant to Chapter 11 Reorganization, under the Bankruptcy Code, paying the Clerk of the Bankruptcy Court a fee of $1,717.00, in lieu of $335.00 for Chapter 7, complying with 11 USC S102(l)(A), Legislative T

Counsel of record

For petitioner
Jack R. Finnegan

For respondent
David Edward Hays
Marshack Hays LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 24 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 03 2022
    Brief of respondent Richard A. Marshack, Chapter 7 Trustee in opposition filed. (Aug. 17, 2022)
  4. Aug 02 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2022.
  5. Aug 01 2022
    Motion to extend the time to file a response from August 1, 2022 to August 5, 2022, submitted to The Clerk.
  6. Jul 26 2022
    Motion to extend the time to file a response is granted and the time is extended to and including August 1, 2022.
  7. Jul 25 2022
    Motion to extend the time to file a response from July 25, 2022 to August 1, 2022, submitted to The Clerk.
  8. Jun 21 2022
    Petition for a writ of mandamus filed. (Response due July 25, 2022)