No. 23-5341

Regina Nachael Howell Foster v. Areya Holder Aurzada, et al.

Lower Court: Fifth Circuit
Docketed: 2023-08-11
Status: Denied
Type: IFP
IFP
Tags: bankruptcy bankruptcy-jurisdiction barton-doctrine civil-procedure civil-rights due-process removal removal-procedure standing statutory-interpretation subject-matter-jurisdiction
Key Terms:
Securities JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-10-13
Question Presented (AI Summary)

Does the 5th Circuit Court of Appeals' memorandum opinion directly conflict with an opinion by other Circuit Court of Appeals and the Supreme Court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW: , 1. Does the 5th Circuit Court of Appeals’ memorandum opinion directly conflict with | an opinion by other Circuit Court of Appeals and the Supreme Court by negating the | following challenges of errors of law to the bankruptcy court’s final judgment: | a. Does the plain text chosen by Congress in 28 USC Sec. 1452 require removal directly to the district court rather than directly to the bankruptcy court? b. Does 28 USC Sec. 157(c) prohibit a bankruptcy court from entering a final judgment, on a claim removed from state court, under the “related to” jurisdiction provided by 26 USC Sec, 1332(b) c. Does the well plead complaint rule, articulated in Rivet v. Regions Bank of La'., apply to civil actions removed, under the related jurisdiction, under 28 USC Sec. 1452? d. Do the pleaded allegations that the individual removing Defendants acted under | the “color of law” of their positions, as Bankruptcy professionals, to violate state law, suffice to invoke the ultra vires” exception to the Barton Doctrine? e. Does mandatory abstention require remand back to state court when the sole ground for removal was an assertion of related to matter subject matter jurisdiction? 2. Does the thirty (30) day time from the date of formal service of both citation and complaint as mandated 28 USC 1446(a) apply to the civil case removed under 28 USC Sec. 1452? : 1522 US 470 (1998). ; |

Docket Entries

2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)
2023-03-29
Application (22A844) granted by Justice Alito extending the time to file until June 2, 2023.
2023-03-24
Application (22A844) to extend the time to file a petition for a writ of certiorari from April 3, 2023 to June 2, 2023, submitted to Justice Alito.

Attorneys

Regina Nachael Howell Foster
Regina Nachael Howell Foster — Petitioner