No. 18-1221

Peli Popovich Hunt v. David M. Goodrich, et al.

Lower Court: Ninth Circuit
Docketed: 2019-03-20
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction-mandate appellate-review arizona-christian-sch-tuition-org-v-winn bankruptcy-amendment-interpretations bankruptcy-amendments-overrule-pre-code-interpreta bankruptcy-court-adjunct-appellate-court-jurisdict bankruptcy-court-jurisdiction-limits bankruptcy-court-power bankruptcy-decision-abrogation bankruptcy-decision-statutory-basis bankruptcy-decision-without-statutory-basis bankruptcy-jurisdiction bankruptcy-jurisdiction-distinctions bankruptcy-jurisdiction-dominance bankruptcy-jurisdiction-interpretations bernards-v-johnson bnsf-ry-co-v-tyrell calflin-v-houseman challenge-to-federal-law civil-procedure clearly-abrogated-principle cutler-v-rae czyzewski-v-jevic-holding-corp davis-v-dewakelee davis-v-wakelee emil-v-hanley ex-parte-rowland ex-parte-siebold federal-law-challenge federal-law-challenges hamilton-v-lanning intra-circuit-conflicts isaacs-v-hobbs-tie-timber-co jurisdictional-analysis kuehner-v-dickinson-co lower-courts-power-to-ignore-law miss
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Does bankruptcy jurisdiction consist of more than one type of jurisdiction, and if so, is one type of jurisdiction more dominant than all the other types of jurisdiction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTIONS NUMBER ONE Does bankruptcy jurisdiction consistent of more than one type of jurisdiction, and if so, is one type of jurisdiction more dominate than all the other types . of jurisdiction? United Student Aid Funds, Inc. v. i Espinosa, 559 U.S. 260 (2010); also see e.g., Davis v. Oe Wakelee, 156 U.S. 680, 685-87 (1895) (Davis); also . see, also see e.g., Bernards v. Johnson, 314 U.S. 19 7 (1941); Compare, BNSF Ry. Co. v. Tyrell, 187 S.Ct. . : 1549, 1557 (2017). QUESTIONS NUMBER TWO Does any or mandate bind Courts exercising | appellate jurisdiction to the previous and mandate, even if, multiple appeals are taken where any aspect | , of jurisdiction was erroneously decided, no . jurisdictional analysis was made, or both, and if not, why not? Ariz. Christian Sch. Tuition Org. v. Winn, ; . . \ CORRECTED PETITION FOR WRIT OF CERTIORARI | 3 563 U.S. 125 (2011) (Winn); also see e.g., Kuehner v. Dickinson & Co., 84 F.3d 316, 318-20 (9 Cir. 1996). QUESTIONS NUMBER THREE . ; Does any question going to the jurisdiction in . bankruptcy proceedings differ from the jurisdictional interpretations in any other type of proceedings, and , if so, on what basis may the distinction be made? Isaacs v. Hobbs Tie & Timber Co., 282 U.S. 734, 736| 39 (1931); also see e.g., Union Stock Land Bank v. Byerly, 310 U.S. 1, 7 (1940); also see, Calflin v. Houseman, 93 U.S. 130, 133-34 (1876), affd, BNSF Ry. Co. v. Tyrell, 137 8.Ct. 1549, 1557 (2017); Compare, Waterman v. Cannal-Louisiana Bank, 215 U.S. 33, 44 (1909); also see e.g., United States v. Hudson, 11 U.S. 32, 33 (1812); Ex Parte Rowland, 104 U.S. 604 (1882); Missouri-Kansas Pipe Line Co. v. United States, 312 U.S. 502, 505-06, 508 (1941); . also see, Cutler v. Rae, 48 U.S. 729, 731-32 (1849). i CORRECTED PETITION FOR WRIT OF CERTIORARI | 4 . QUESTIONS NUMBER FOUR Does every interpretation rendered during the main bankruptcy proceeding, discrete issue in the larger bankruptcy proceeding, or both start from the premise the Pre-Code decisions of the United States Supreme Court govern all disputed questions that may occur during any bankruptcy proceeding? Emil . uv. Hanley, 318 U.S. 515, 521 (1943); also see e.g., . Hamilton v. Lanning, 560 U.S. 505 (2010). QUESTIONS NUMBER FIVE Does the most recent interpretation by the United States Supreme Court as to any bankruptcy amendment overrule every previous interpretation including Pre-Code interpretations by the United States Supreme Court? United States v. Estate of Romani, 523 U.S. 517, 531 (1998); Compare, Czyzewski v. Jevic Holding Corp., 187 S.Ct. 973, 98587 (2017); also see, William Filene’s Sons Co. v. CORRECTED PETITION FOR WRIT OF CERTIORARI | 5 Weed, 245 U.S. 597, 602-08 (1918); also see e.g., Nobelman v. Am. Sav. Bank, 508 U.S. 324, 328 (1993). | QUESTIONS NUMBER SIX Does a conflict in decisions of this Court the United States Supreme Court apply to bankruptcy proceedings? QUESTION NUMBER SEVEN Does an assignment to a bankruptcy court by a district court include jurisdictional questions as intra circuit conflicts, and if so, when may the intra circuit conflict be raised? QUESTION NUMBER EIGHT Does a challenge to federal law necessitate the challenge he raised in the commencement of the process, during the process, during appellate review, or at any other time? CORRECTED PETITION FOR WRIT OF CERTIORARI | 6 QUESTION NUMBER NINE Does a general order, Circuit Rule, or both that denies a federal right or is inconsistent with a federal law erect an unconstitutional barrier? Ex Parte Siebold, 100 U.S. 871, 376-78 (1880). QUESTION NUMBER TEN , Does the lower courts possess the power to ignore, misinterpret, or both the law of the land, and if, so , may the lower courts manifest any immunity defense as an allowance to use the process as an instrument of injustice? . QUESTION NUMBER ELEVEN Does federal law limited decisions by the so called : Bankruptcy Court’s and Adjunct Bankruptcy Appellate Court’s to matters unresolved tha

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-03
Waiver of right of respondent David M. Goodrich to respond filed.
2019-01-09
Petition for a writ of certiorari filed. (Response due April 19, 2019)

Attorneys

David M. Goodrich
David GouldGould & Gould LLP, Respondent
David GouldGould & Gould LLP, Respondent
Peli Popovich Hunt
Peli Popovich Hunt — Petitioner
Peli Popovich Hunt — Petitioner