No. 21-1177

Philip Jay Fetner v. Kevin R. McCarthy

Lower Court: Fourth Circuit
Docketed: 2022-02-25
Status: Denied
Type: Paid
Response Waived
Tags: appeal appellate-review bankruptcy bankruptcy-court bias constitutional-rights due-process judicial-bias recusal
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Was Debtor's fundamental right to due process violated by the Bankruptcy Court's bias and failure to recuse itself?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner asks this Court to review two inter: related questions: ; (1) Was Debtor’s (Petitioner’s) fundamental right : to due process violated by the Bankruptcy Court who admittedly early in this case developed and drove a biasfor a predetermined result adverse to Debtor but refused to recuse itself as mandated by 28 U.S. Code §455(a)? (2) Moreover, was Debtor’s constitutional right to an appeal violated first by a District Court that itself was compromised and did not properly address compelling facts and _ objective arguments, when individually or taken as a whole reasonably demonstrated the Bankruptcy Court’s prejudice or bias, and second by a Circuit Court of Appeals that : effectively failed to address both the merits of the original motion to recuse or the argument , for the District Court’s own recusal? In sum, this case concerns clear demonstrable bias in a bankruptcy court, followed by two sham appeals. The overriding issue is whether this Supreme Court will exercise its jurisdiction, both appellate and supervisory, to preserve the ethical compass of the bankruptcy process. The importance of this matter will be argued further by Petitioner in this brief. | | | | . | (ii)

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-07
Waiver of right of respondent Kevin R. McCarthy, Trustee to respond filed.
2022-02-22
Petition for a writ of certiorari filed. (Response due March 28, 2022)
2022-01-25
Application (21A354) granted by The Chief Justice extending the time to file until February 22, 2022.
2022-01-03
Application (21A354) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to February 22, 2022, submitted to The Chief Justice.

Attorneys

Kevin R. McCarthy, Trustee
Bradford F. EnglanderWhiteford, Taylor & Preston, LLP, Respondent
Philip Jay Fetner
Philip Jay Fetner — Petitioner