No. 20-1307

Michael White v. Donald Knapp, Jr., et al.

Lower Court: Michigan
Docketed: 2021-03-19
Status: Denied
Type: Paid
Tags: bankruptcy-exemption bankruptcy-law debtor-rights due-process equal-protection full-faith-and-credit preemption preemption-doctrine property-ownership property-rights standing state-court-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2021-05-20
Question Presented (AI Summary)

When a debtor's bankruptcy exemptions conflict with state court jurisdiction, are state courts required to give full faith and credit to bankruptcy law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED "The owner of the land before sale...may effect a constructive severance of a crop, and thus prevent it from passing to the purchaser." Kroth v Dobson, 324 Mich 384 at 399 (1949) citing Ray v Foutch (Tex.Civ.App.), 50 S.W.2d 380, 381. QUESTIONS: 1. When a debtor uses 11 USC 522(d)(8) to legally exempt property from the bankruptcy estate and a subsequent state court jurisdiction ownership . conflict arises (preemption doctrine), are state courts required to give full faith and credit to bankruptcy law granting debtor’s exemptions? 2. Does failure to honor a debtor’s exempt property ownership rights violate the federal bankruptcy code, Law v Siegel, 571 U.S. ___ (2014), Schwab v Reilly 560 U.S. 770 (2010), by extension, preemption, due process, and equal protection rights under the U.S. Constitution, and Michigan Constitution? 3. Did the state courts wrongly deny debtor state court standing to pursue enforcement of debtor’s property ownership for items removed from the bankruptcy estate by 11 USC 522(d) exemption? 1

Docket Entries

2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-03-16
Petition for a writ of certiorari filed. (Response due April 19, 2021)

Attorneys

Michael White
Michael B. White — Petitioner
Michael B. White — Petitioner