No. 20-1719

Allen Bernard Shay v. Alfred H. Siegel

Lower Court: Ninth Circuit
Docketed: 2021-06-11
Status: Denied
Type: Paid
Relisted (2)
Tags: 14th-amendment bankruptcy bankruptcy-due-process constitutional-equal-protection due-process economic-fluctuations equal-rights judicial-fraud pro-se pro-se-rights trustee-discretion
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Does a pro se bankruptcy petitioner have the same 14th-amendment-due-process-protection and equal-rights-protection as creditors during economic fluctuations?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does a petitioner in pro se seeking bankruptcy have the same 14" amendment due process protection and equal rights protection guaranteed under the constitution as creditors when there are extreme economic fluctuations where there has been no 9" circuit court cases or safeguards since the holding in Haines v. Kerner 1972? 2. Whether a bankruptcy court commits Fraud on the court when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court along with the bankruptcy’s trustee and his or her retained professional agents? 3. Does a trustee or bankruptcy courts abuse its authority against debtors when it contravenes codes, specific statutory provisions or the authority provided by Congress? 4. Did the trustee commit gross negligence or an act of wanton and reckless disregard for the debtor, that such acts permit this court to grant Petitioner the right to bring any and all legal actions against Alfred H. Siegel in his capacity as a bankruptcy trustee? 5. Should a circuit split exist within the 9" circuit court of appeal where a trustee that had the intent to abandon debtor’s real estate properties and returned all debtor’s properties after trustee used his discretion to give notice to specific creditors of his choice, but the bankruptcy court applied Rule 6007(a) instead of Rule 2002 (a) as provided by authorized agent as directed in its last requested filed in the particular case; (h) or section 102(1) which provides that "notice and hearing" is construed to mean appropriate notice and an opportunity for a hearing. Neither §554 nor §725 specify to whom the notices are to be sent. Is this an abuse of discretion? i

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-10-25
2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2019-11-26
Petition for a writ of certiorari filed. (Response due July 12, 2021)

Attorneys

Allen Bernard Shay
Allen B. Shay — Petitioner
Allen B. Shay — Petitioner