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David C. Kwok v. Zhong Qiu Li, et al.

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-60027 · judgment March 18, 2025


Certiorari denied · January 12, 2026

Questions presented

  1. Whether the Court of Appeals for the Ninth Circuit fails to distinguish between issues raised in the trial court and arguments there made, as this Court and other Courts hold that appellate courts may be limited to the questions of law raised or argued at the trial, but are not limited to the arguments there presented.

  2. Whether the Court of Appeals may refuse to hear an argument where, though the issue was raised, a specific case was not cited to the Bankruptcy Appellate Panel, a rule apparently followed in the Ninth Circuit but not elsewhere.

  3. Whether on de novo review, an appellate court should make an “independent determination of the issues.” LIST OF PARTIES All parties appear in the caption of the case on the cover page. RELATED CASES None.

Counsel of record

For petitioner
David C. Kwok

For respondent
Vanessa M. Haberbush
Haberbush, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A1281

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 04 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 19 2025
    Waiver of right of respondent Zhong Qui Li, et al. to respond filed.
  4. Jul 31 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2025)
  5. Jun 26 2025
    Application (24A1281) granted by Justice Kagan extending the time to file until August 1, 2025.
  6. Jun 23 2025
    Application (24A1281) to extend the time to file a petition for a writ of certiorari from July 2, 2025 to August 1, 2025, submitted to Justice Kagan.