No. 22-7873

Aguina Aguina v. Choong-Dae Kang, et al.

Lower Court: Ninth Circuit
Docketed: 2023-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii bankruptcy-settlement constitutional-authority court-of-appeals judicial-discretion ninth-circuit public-policy rooker-feldman-doctrine
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Court of Appeals for the Ninth Circuit err in approving the settlement of Trustee's and petitioner ex-wife's dispute

Question Presented (from Petition)

QUESTION(S) PRESENTED ; Did the Court of Appeals for the Ninth Circuit err in affirming the decision of the United States Bankruptcy Appellate Panel approving the settlement of Trustee’s, Karl T. Anderson, and petitioner ex-wife, Choong Dae Kang; an abuse of discretion. Did the Court of Appeal and the Bankruptcy Appellate Panel abuse its discretion in holding that public policy need not be considered in determining whether to approve the settlement, departing from the accepted and usual course of judicial proceeding, and sanctioned such a departure by a lower court. Did the Court of Appeal and the Bankruptcy Appellate Panel abuse its discretion in finding that the settlement did not violate public policy such as by absolving appellee Kang of misconduct in the Family Court and excusing her from making mandatory statutory financial disclosures. Did the Court of Appeal for the Ninth Circuit entered a decision in conflict with the decision of United States Court of Appeal State of California Fourth Appellate District Division Two. Did the Court of Appeal for the Ninth Circuit, the Bankruptcy Appellate Panel and the United States Bankruptcy Court Central District of California, Riverside Division, enter a decision in conflict with relevant decisions of the United States Supreme Court. ’ Did the Court of Appeal for the Ninth Circuit, the Bankruptcy Appellate Panel and the United States Bankruptcy Court Central District of California, Riverside Division abuse its discretion as Article I bankruptcy judges, violate the Constitution of Article III, in that the court lacked the constitutional authority to enter a final judgment in the claims allowance process. Was the Court of Appeal for the Ninth Circuit, the Bankruptcy Appellate Panel and the United States Bankruptcy Court Central District of California, Riverside Division evaluation of the A & C Properties factors decision an abuse of discretion in turning a blind eye to the records of the court in allowing the parties to take advantage of its wrongdoing.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-14
Waiver of right of respondents Choong-Dae Kang, Myung-Ja Kang and Kwang-Sa Kang to respond filed.
2023-07-07
Waiver of right of respondent Karl Anderson, Chapter 7 Trustee to respond filed.
2023-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2023)
2023-04-14
Application (22A908) granted by Justice Kagan extending the time to file until June 16, 2023.
2023-04-11
Application (22A908) to extend the time to file a petition for a writ of certiorari from April 17, 2023 to June 16, 2023, submitted to Justice Kagan.

Attorneys

Aguina Aguina
Aguina Aguina — Petitioner
Aguina Aguina — Petitioner
Choong-Dae Kang, Myung-Ja Kang and Kwang-Sa Kang
Lazano E. FernandezLaw Office of Lazano E. Fernandez, Inc., Respondent
Lazano E. FernandezLaw Office of Lazano E. Fernandez, Inc., Respondent
Karl Anderson, Chapter 7 Trustee
Melissa LoweShulman Bastian Friedman & Bui, LLP, Respondent
Melissa LoweShulman Bastian Friedman & Bui, LLP, Respondent