No. 18-1184

Charles Kinney v. Michele R. Clark

Lower Court: California
Docketed: 2019-03-13
Status: Denied
Type: Paid
Experienced Counsel
Tags: 11-usc-524 bankruptcy-law bankruptcy-law-violation chapter-7 civil-procedure civil-rights civil-rights-violation constitutional-rights discharge-of-debt discharged-debt due-process judicial-misconduct personal-liability unconstitutional-vagueness vexatious-litigant vexatious-litigant-law
Key Terms:
SocialSecurity DueProcess FirstAmendment Securities
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether state court judges and justices are ignoring bankruptcy law that voids any order implying a discharged Chapter 7 'no asset' debtor still has personal liability to a listed creditor

Question Presented (OCR Extract)

QUESTIONS PRESENTED State court judges and justices continue to ignore bankruptcy law [11 U.S.C. Sec. 524(a)(1)] which “voids” any order by any court that implies that a discharged Chapter 7 “no asset” debtor still has “personal liability” to a listed creditor (e.g. for post-petition legal work by that creditor based on pre-petition contracts). That has occurred here. 11 US.C. Sec. 524(a)(2) precludes any motions by a listed creditor which decides or implies that a discharged Chapter 7 “no asset” debtor still has “personal liability” to that listed creditor. That bankruptcy law is also being ignored here. Even though the Calif. vexatious litigant (“VL”) law is unconstitutionally vague on its face, it was used to justify their actions against Kinney fe.g. retaliation]. That VL language is unclear as to: (a) what is “litigation”; (b) what has or doesn’t have “merit”; (c) what are “reasonable expenses” that must be posted for “security”; (d) what can be counted as 5 losses; (e) how far back is 7 years; and (HM which “presiding” justice can rule. ° The Calif. statute, CCP Secs. 391 etc only applies to plaintiffs “in propria persona”, but it has been applied to Kinney as a non-party, as a defendant, : and as the attorney for defendants by both state and federal courts who have ruled that Kinney was a “VL” in each of those non-“in pro se” roles. These ongoing acts cause continuing violations of Kinney’s civil and constitutional rights. 1

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-03-04
Petition for a writ of certiorari filed. (Response due April 12, 2019)

Attorneys

Charles Kinney
Charles G. Kinney — Petitioner