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Patrick J. O'Connell v. Jonna Z. Bianco

Paid petition · Court of Appeals of Kentucky, No. 2019-CA-0629-MR · judgment December 10, 2021


Certiorari denied · October 31, 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

This case presents original and exclusive jurisdic­ tional and core proceeding questions for this Court arising under Federal Bankruptcy Codes 28 U.S.C. § 1334,11 U.S.C. § 362,11 U.S.C. § 521,11 U.S.C. § 541, 28 U.S.C. § 157, and the United States Constitution:

  1. Why is it not mandatory that Kentucky State Courts follow Federal Bankruptcy Laws?

  2. Clearly, under the United States Bankruptcy Code, the United States Bankruptcy Court held original and exclusive jurisdiction over Respond­ ent pursuant to 28 U.S.C. § 1334, Petitioner’s Lien pursuant to 28 U.S.C. § 157(K), and the core pro­ ceeding pursuant to 28 U.S.C. § 157(b)(1). What ju­ risdiction did the Kentucky State Court hold?

  3. How did the Kentucky State Court, during the time that the Bankruptcy Court held original and exclusive jurisdiction under 28 U.S.C. § 1334, ret­ roactively retain jurisdiction to a time when the Bankruptcy Court held original and exclusive ju­ risdiction?

  4. Is Respondent judicially estopped from her claims against Petitioner since her Bankruptcy Plan was accepted by the United State Bankruptcy Court under 11 U.S.C. § 521?

  5. Was the ownership issue of Petitioner’s cattle seized by the Jefferson County District Court, where Petitioner obtained an order for the return of his property, within the jurisdictional purview and venue of the Shelby County Circuit Court to decide (res judicata)? .r **• -• i.

Counsel of record

For petitioner
Patrick J. O'Connell

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 12 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Aug 26 2022
    Petition for a writ of certiorari filed. (Response due September 29, 2022)