No. 22-7058

Michael S. Helmstetter v. David Herzog, Trustee, et al.

Lower Court: Seventh Circuit
Docketed: 2023-03-21
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: bankruptcy-debtor bankruptcy-estate bankruptcy-standing court-valuation debtor-rights due-process settlement-challenge standing supervisory-authority valuation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Did lower courts err in ruling that a bankruptcy debtor lacked standing to object to settlement of claims against third parties despite evidence of a likely estate surplus?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did lower courts err when they ruled that a bankruptcy debtor did not have standing to object to settlement of his claims against third parties despite evidence that the bankruptcy estate would likely have a surplus? 2. Did lower courts deny due process to a bankruptcy debtor when they refused standing to hear the merits of his solvency? 3. Should this Court exercise supervisory authority to examine and remediate indicia of systemic and operational deficiencies presented in the bankruptcy court’s valuation of a debtor’s bankruptcy estate? ii

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Petitioner complied with order of May 22, 2023.
2023-05-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 12, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-01-09
2022-11-07
Application (22A398) granted by Justice Barrett extending the time to file until January 8, 2023.
2022-10-31
Application (22A398) to extend the time to file a petition for a writ of certiorari from November 9, 2022 to January 8, 2023, submitted to Justice Barrett.

Attorneys

Michael Helmstetter
Michael Thomas StanleyMichael Stanley and Associates, P.C., Petitioner
Michael Thomas StanleyMichael Stanley and Associates, P.C., Petitioner