Wayne English v. Roadhouse Holding Inc., et al.
DueProcess
Whether the actions of the Bankruptcy Court in intercepting and redirecting only USPS mail delivery prevents litigants from the timely filing of their notice of appeal within the 14 day window allowed under Federal Rules of Bankruptcy Procedure 8002(a)(1)
QUESTIONS PRESENTED Thousands of individuals, both debtors and creditors, are having their due process rights violated by the Delaware Bankruptcy Court. The Court, without notice, public disclosure, or declaration, does not allow the United States Postal Service (“USPS”), to deliver first class mail directly to the court’s physical address. Rather, the Delaware Bankruptcy Court intercepts all first class mail, stops physical delivery of the mail, and redirects the mail to the court’s “corporate mail receptacle” for eventual pickup and delivery by the court’s courier service. All USPS first class mailings experience substantial and significant delays in the timely filing of court documents. Other third party mail carriers, including both FedEx and UPS, do not have their mail intercepted or redirected and experience no : such delays in the filing of court documents. ‘The questions presented are: 1, Whether the actions of the Bankruptcy Court in intercepting and redirecting only USPS mail delivery prevents litigants from the timely filing of their notice of appeal within the 14 day window allowed under Federal Rules of Bankruptcy Procedure 8002(a)(1). 2. Whether the Bankruptcy Court's policy that allows delivery of mail by FedEx and UPS to the Bankruptcy Court’s physical address while preventing physical delivery of the mail by the United States Postal ; Service violates the Constitution’s Fifth Amendment for due process. 3. Whether the Bankruptcy Clerk’s late docketing of a party’s notice of appeal met the requirements of due process in restricting and intercepting delivery of only first class USPS mail without notice, public disclosure, or declaration, while not restricting or delaying the delivery of the mail from FedEx, UPS, or any other third party mail carriers. 2