No. 22-5787

William Paul Burch v. Freedom Mortgage Corporation, et al.

Lower Court: Fifth Circuit
Docketed: 2022-10-07
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appeals-procedure bankruptcy-lien bankruptcy-lien-extinguishment bankruptcy-procedure constitutional-order debtor-rights in-forma-pauperis mortgage-servicing pro-se-litigation property-return void-lien
Key Terms:
DueProcess Privacy Jurisdiction
Latest Conference: 2022-12-02
Question Presented (AI Summary)

If a mortgage holder and/or a mortgage service company were to have their lien extinguished in bankruptcy and then refuse to accept payments should the void lien be removed, and the property returned to the debtor lien free?

Question Presented (OCR Extract)

questions presented are: 1. If a mortgage holder and/or a mortgage service company were to have their , lien extinguished in bankruptcy and then refuse to accept payments should the void lien be removed, and the property returned to the debtor lien free? 2. Should a bankruptcy court be allowed to accept a case removed late and to give orders without permission from all parties as required in BRCP 9027 and all orders from the bankruptcy and appeals courts be reversed and the | case remanded to the state court? 3. Should an appeals court base their decision on an unconstitutional order? | ili II

Docket Entries

2022-12-05
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-10-18
Waiver of right of respondent Freedom Mortgage Corporation to respond filed.
2022-10-13
Waiver of right of respondent JPMorgan Chase Bank, N.A. to respond filed.
2022-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2022)

Attorneys

Freedom Mortgage Corporation
Stephen C. ParsleyBradley Arant Boult Cummings LLP, Respondent
Stephen C. ParsleyBradley Arant Boult Cummings LLP, Respondent
JPMorgan Chase Bank, N.A.
Marcie L. SchoutQuilling, Selander, Cummiskey & Lownds, PC, Respondent
Marcie L. SchoutQuilling, Selander, Cummiskey & Lownds, PC, Respondent
William Paul Burch
William Paul Burch — Petitioner
William Paul Burch — Petitioner