No. 22-1060

Haywood Jackson Mizell v. Citizens Bank, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-05-02
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy-trustee conflict-of-interest fiduciary-duty procedural-violation promissory-note property-sale security-agreement standing subject-matter-jurisdiction
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Is it a conflict of interest for the Respondent's attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a 'perfected security agreement' absent an attached promissory note, which a non-existent note, the trustee swore, under oath, to have never seen?

Question Presented (from Petition)

QUESTION(s) PRESENTED: 1. Is it a conflict of interest for the Respondent’s attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a “perfected security agreement” absent an attached promissory note, which a non-existent note, the trustee swore, under oath, to have never seen? Normally a change in promissory note, a re-finance unit, will remove certain real estate as security and replace it with a revised security asset list. Should the bank have refinanced and paid off the original when the FM license (FCC regulated and with no bankruptcy court ; jurisdiction) used as security, instead separating the original note from the original mortgage without the FM as security and selling the original note alone? 2. Do unfiled original instruments, and that have not been authenticated, deny complainant standing status and deny courts the gaining of subject matter jurisdiction, especially when unsworn and unverified statements of counsel are instead considered competent evidence? 3. Are attorneys allowed to operate outside court rules in the court proceedings such as FRCP 1002 (Rule 1002. Requirement of the Original.) An original writing, recording, or photograph is required in order to prove its content? Especially when Defendants’ Attorney gave no reasonable evidence of representative authority and failed to comply with court rule FRCP 1002, which requires the filing for proof of claim with the clerk for authentication the original instrument, the instrument that the attorney said his client possessed, which client was contractually \ ii obligated to surrender yet refused even after the unlisted mortgage instrument satisfaction by a sale? 4. Is withhold filing of the debt instrument a violation of Title 18 §1512(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an_ official proceeding? 5. Is it not against equity to deprive freemen of the free disposal of their own property. Or is a creditor allow to decide to whom a property can be sold? 6. Whether or not the security agreement for 2.3 million dollars could be used for the sale of TV and FM. Defendant sold both and received 4.1 million dollars from the sale without returning the excess funds of 1.8 million dollars to plaintiff for which a remand and accounting would resolve. : ili

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-07-10
2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-18
Waiver of right of respondent Citizens Bank, et al. to respond filed.
2023-04-28

Attorneys

Citizens Bank, et al.
R. Rainer Cotter IIMarsh & Cotter, LLP, Respondent
R. Rainer Cotter IIMarsh & Cotter, LLP, Respondent
Haywood J. Mizell
Haywood Jackson Mizell — Petitioner
Haywood Jackson Mizell — Petitioner