No. 19-7655

Joseph Llewellyn Worrell v. Emigrant Mortgage Company, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-02-19
Status: Denied
Type: IFP
IFP
Tags: 11-usc-349 automatic-stay bankruptcy-dismissal bankruptcy-dismissal-statute-11-usc-349-b-3 bankruptcy-estate-revesting chapter-13-petition due-process mortgage-lien postpetition-sale prepetition-status-quo-ante servicemembers-civil-relief-act servicemembers-civil-relief-act-scra-2003 status-quo-ante
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the 'prepetition status quo ante' requirement of the bankruptcy dismissal statute extinguishes unapproved postpetition sales

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the “prepetition status quo ante” requirement of the bankruptcy dismissal statute, 11 U.S.C. § 349(b)(3), extinguishes unapproved postpetition sale(s) to unwind the case and revest the estate in the debtor. Thereby precluding such sales from confirmation without the bankruptcy court’s exclusive approval, even four years post-dismissal. 2. a. Does the modern-day Servicemembers Civil Relief Act (SCRA-2003), 50 U.S.C. §§ 3901 et. seq., mandate a statutory or judicial stay, if requested under the circumstances present in this case. . b. Does immediate dismissal of a properly filed Chapter 18 petition without § 1307(c) prerequisite notice, after the debtor is recalled to Active Duty, lift the automatic stay, even if no stay for military service exists. 3. Lastly, is an enforceable mortgage lien created merely by signing mortgage documents six days before executing the underlying promissory note. And if so, how long can such federally regulated uniform residential instruments of security survive, apart from a sufficiently executed predicate note. . « i 4 RULE 29.6 DISCLOSURE STATEMENT The names of the parties to this case are as they appear in the case caption: The Petitioner(s), Joseph Llewellyn Worrell, and Military Dependents. The Respondents, Emigrant Mortgage Company, Inc., and Retained Realty Inc., its wholly owned subsidiary. . . lll

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2019-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)

Attorneys

Joseph Llewellyn Worrell
Joseph L. Worrell — Petitioner