William Paul Burch v. Areya Holder Aurzada
DueProcess JusticiabilityDoctri
Should a bankruptcy judge be obligated to grant due process to a debtor?
QUESTION(S) PRESENTED 1. Should a final report of a chapter 7 bankruptcy case be divided into five parts thus depriving the debtor of transparency so as to prevent errors, fraud, and corruption? 2. To avoid fraud and corruption should the trustees, accountants, and lawyers representing the bankruptcy estate be salaried employees of either the courts or the Department of Justice? 3. The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. Does this mean that a bankruptcy judge is obligated to grant “due process” to a debtor? II.