Michael White v. Donald Knapp, Jr., et al.
DueProcess
When a debtor's bankruptcy exemptions conflict with state court jurisdiction, are state courts required to give full faith and credit to bankruptcy law?
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