William Paul Burch v. Homeward Residential Incorporated
DueProcess Privacy JusticiabilityDoctri
Is it a violation of the United States Constitution for a federal court to accept removal of a case from state court after thirty days or can it be extended sua sponte by a non-article III bankruptcy court judge or a federal district court judge?
QUESTION(S) PRESENTED This case highlights the need for an impartial judiciary along with a need to revisit who should determine if a case can be removed and where it should be removed to. 1. βIs it a violation of the United States Constitution for a federal court to accept removal of a case from state court after thirty days or can it be extended sua sponte by a non-article III bankruptcy court judge or a federal district court judge?β 2. Should the decision on removal from a state court to a federal court by a defendant only be allowed by the state court judge, a federal district court judge, or any Article III or non-Article HI federal judge? 3. Should a circuit court dismiss an appeal and sanction an appellant without consideration of the merits of a case and without consideration of the trial court approval due to the bankruptcy court issuing a questionable vexatious litigant sanction? II