No. 21-1049

Alice Guan v. Ellingsworth Residential Community Association, Inc.

Lower Court: Eleventh Circuit
Docketed: 2022-01-27
Status: Denied
Type: Paid
Tags: appellate-review automatic-stay bankruptcy-court bankruptcy-procedure constitutional-rights due-process final-order judicial-order laws-of-the-united-states rule-3007
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether bankruptcy court violated Petitioner's rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether bankruptcy court violated Petitioner’s rights protected by the Constitution and the laws of the United States and by other laws and rules by issuing an order creating a legal case against Petitioner and setting firm trial date and firm date for the end of discovery when there was no controversy and no dispute and no complaint in existence and whether such bankruptcy court order is a final order warranting Petitioner’s right to appeal to the district court. 2. Whether bankruptcy court violated Petitioner's rights protected by the Constitution and the laws of the United States and by other laws and rules by issuing an order to direct Respondent file an objection to Petitioner’s Amended Claims 4-3 and 5-2 after Rule 3007 has already barred such objection be filed, and whether such bankruptcy court order is a final order warranting Petitioner’s right to appeal to the district court. 8. Whether bankruptcy court’s order to create a legal case and to set firm trial date and firm date for the end of discovery (to adjudicate Claims 4-3 and 5-2 which are the claims from the state case Complaint and Counterclaim) is a final order warranting Petitioner’s right to appeal to the district court when bankruptcy court’s such order was issued 21 days after Petitioner’s motions for relief from automatic stay have been fully briefed to the bankruptcy court and bankruptcy court has already taken the matter under advisement, i.e., whether bankruptcy court’s such order was an order denying Petitioner’s motions for relief from automatic stay. ii } RELATED CASES United States Court of Appeals for the Eleventh Circuit, Docket #: 21-12965, Alice Guan v. Ellingsworth Residential Community Association. US. District Court Middle District of Florida (Orlando), CASE #: 6:20-cv-01734-WWB, Guan uv. Ellingsworth Residential Community Association, Inc. US. Bankruptcy Court Middle District of Florida (Orlando), Bankruptcy Petition #: 6:20-bk-01346-LVV | Debtor Ellingsworth Residential Community Associa) tion, Inc. ; | ' , { | | , ' | I , | | | ;

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-01-24
Petition for a writ of certiorari filed. (Response due February 28, 2022)

Attorneys

Alice Guan
Alice Guan — Petitioner
Alice Guan — Petitioner