No. 22-705

George Matthew Culbertson, et ux. v. Wells Fargo USA Holdings, Inc., et al.

Lower Court: Louisiana
Docketed: 2023-01-30
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy chapter-7 civil-procedure discharge foreclosure servicemembers-civil-relief-act statute-of-limitations tolling
Latest Conference: 2023-03-24
Question Presented (from Petition)

1. Does 50 U.S.C.A. §3936 apply to toll a state statute of limitations on a state law foreclosure action where (a) a servicemember voluntarily filed a bankruptcy petition, (b) voluntarily turned his property over to the trustee for administration, (c) the property was abandoned by the trustee for the express purpose of foreclosure, after a contradictory hearing, and (d) the servicemember did not seek any protections of the Servicemembers Civil Relief Act in the bankruptcy court?

2. Does 50 U.S.C.A. §3936 apply to toll a state statute of limitations on a pre-petition debt where the servicemember has been discharged in a Chapter 7 bankruptcy proceeding?

Question Presented (AI Summary)

Does 50 U.S.C.A. §3936 apply to toll a state statute of limitations on a state law foreclosure action?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-28
Waiver of right of respondents Wells Fargo USA Holdings, Inc. and Wells Fargo Bank, N.A. to respond filed.
2023-01-26
Petition for a writ of certiorari filed. (Response due March 1, 2023)

Attorneys

George Culbertson, et al.
William Alan PesnellAlan Pesnell Lawyer, LLC, Petitioner
Wells Fargo USA Holdings, Inc. and Wells Fargo Bank, N.A.
Christopher D. MeyerBurr & Forman LLP, Respondent