No. 21-5121

Ben Young v. Crescent Management, LLC, et al.

Lower Court: Oklahoma
Docketed: 2021-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11-usc-362 attorney-misconduct automatic-stay bankruptcy bankruptcy-stay creditor debt-collection mortgage-concealment mortgage-payment proof-of-claim
Key Terms:
ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether attorneys who filed and signed Proof of Claim on behalf of creditor violate automatic stay 11 U.S.C. §362(a)(D)(2)(82) (QO) by concealing mortgage payment before the commencement of the case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW L Whether attorneys who filed and signed Proof of Claim on behalf of creditor violate automatic stay 11 U.S.C. §362(a)(D)(2)(82) (QO) by concealing mortgage payment before the commencement of the case? [see APP. S, T, G, H] IE. Whether the acceleration clause of deed in trust, triggered the modification clause of section 1322(c)(2)? ; III. Whether creditor violate the accelerated clause by concealment of mortgage paymeni? [APP.G, H] IV. Whether respondent violated (U.S.C.} 1701-3(d)(1), by creating a junior lien? [APP. F] — . V. . Whether judgmeni liens on a@ homesiead are exempt from , forced sale pursuant to Section 1 of Title 31 of the Oklahoma Statutes and Section 2 of Article. XII of the Oklahoma Constitution? [see APP. V] VI. Whether a secondary mortgage is @ property interest sufficient to trigger the protection of the automatic stay? [APP. V] VII. Whether creditor accepting payments after default or offering debtor to bring loan current waived acceleration? [APP. N] Vill. Whether attorneys who filed and signed Proof of Claim on ae behalf of creditor violated 11 U.S.C. § 524(i),18 U.S.C. §§ 152, 157, by withholding and concealing mortgage payment before commencemeni of the case, caused t ’ material injury to petitioner, henceforth, waiving . ; , attorney-client privileges? [see APP. S, T, G, H] . ; IX. Whether attorneys who filed and signed Proof of Claim on behalf of creditor in contempt of court, for willfully and intentionally, withheld evidence by providing false information to federal court order regarding one monthly payment? [see APP. Q] a. Whether aitorneys who filed and signed Proof of Claim on behalf of creditor an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices : ; Act? [See APP. S, T. G, H] XI. Whether attorney breached contract, for failure to notify clients of suspension, file motion on accounting records . prior to summary judgment claim end after confirmation of bankruptcy case? [APP. K] XII. Whether respondent’s foreclosure filed in September 2010 and petitioner’s confirmed chapter 13 bankruptcy in : November 2610, paid arrears in full, cased was ' discharged and closed in January 2015 and district ordered case moot September 2015, failed to meet the : requirements for the Oklahoma Dormancy statute, failure ; to file Statement of Judgment filed with Administrative Director of Courts, and failure to file an extension of lien judgment prior to Nevember 2018 with district court? XUI. Whether respondent accelerated due date in September . 2010 meet the statute of limitation io foreclosure in Oklahoma? , , XIV. Whether-respondent failed to refile after the statute of limitation began to run under 12 O.S. §100, assuming any action was filed after November 9, 2016.in District Court under CJ 2010-281? co ee. XV. )SSWhether attorney-client and work product doctrine is waived, due to Attorney’s History Bill implicated the ~~ _—_ ‘ s closure judgment by requesting client to double check —_———~ ; images of November 2009 mortgage payment for : accounting records? [APP. G, H] XVI. Whether the District Court’s violated Petitioner’s Fifth or Fourteenth Amendments by extinguishing citizens’ rights to due process when there is no other avenue for due process provided by the State to redress ongoing injury to ; , Petitioner’s by denying a hearing to expediate automatic stay? [APP, X] : XVII. Whether counsel for respondent violated Adversary Proceeding by failing to answer motion within required time? [APP. Y] ce PARTIES . Petitioner is: Ben Young, citizen and resident of Richardson, Texas 75081 Respondent is: Crescent Management LLC, having its principal place _ business at 2441 West Memorial, Ste. C 421, Oklahoma City, Oklahoma 73134. Respondent is listed under five ; dba, and they are followed: . Mike Rogers Dba Crescent Management Dba MKR Properties Dba SKR Properties Dba MSK Properties _ Dba KKS Inves

Docket Entries

2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Waiver of right of respondent Crescent Management, et al. to respond filed.
2021-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Ben Young
Ben Young — Petitioner
Ben Young — Petitioner
Crescent Management, et al.
Anthony Joseph FerateSpencer Fane LLP, Respondent
Anthony Joseph FerateSpencer Fane LLP, Respondent