No. 21-5385

Albert M. Kun v. State Bar of California, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bankruptcy bankruptcy-procedure constitutional-rights due-process excessive-fine fifth-amendment fourth-amendment state-bar timbs-standard timbs-v-indiana
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (from Petition)

1. Whether the approximately $40,000 fine assessed by the State Bar is an
excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial
violation.

2. Whether the Court of Appeal and the District Court violated a pro se
litigant's due-process right under the Fifth and Fourth Amendments by
failing to grant him a hearing over the entire appeal period when recent
Supreme Court cases and statutory construction were involved in a
bankruptcy case.

3. Whether the district Court acted prejudicially in dismissing Petitioner's
appeal pursuant to Federal Rules of Bankruptcy Procedure 8009 in violation
of AMG Capital Management LLC v. FTC 19-508 April 22, 2021.

Question Presented (AI Summary)

Whether the approximately $40,000 fine assessed by the State Bar is an excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial violation

Docket Entries

2021-12-13
Rehearing DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-01
Petition for Rehearing filed.
2021-10-12
Petition DENIED.
2021-09-27
Waiver of right of respondent California Franchise Tax Board to respond filed.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-08-20
Waiver of right of respondent State Bar of California to respond filed.
2021-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2021)

Attorneys

Albert Kun
Albert Miklos Kun — Petitioner
California Franchise Tax Board
Cara M PorterOffice of the Attorney General for the State of California, Respondent
State Bar of California
Robert G. RetanaThe State Bar of California, Respondent