No. 23-5967

Andrew Delaney v. Gregory Messer, Chapter 7 Trustee, et al.

Lower Court: Second Circuit
Docketed: 2023-11-07
Status: Denied
Type: IFP
IFP
Tags: bankruptcy bankruptcy-procedure chapter-7 circuit-split civil-procedure due-process exemption-law settlement-valuation standing trustee trustee-conflict
Key Terms:
Arbitration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Does the U.S. Trustee Program create conflicts of interest?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Does the U.S. Trustee Program create conflicts of interest vis-a-vis the debtor in chapter 7 cases where the judge, trustee, and trustee’s lawyer are all present or . former trustees in the same district? Did the bankruptey court's approval, affirmed by the district court and the circuit court, of settlements of the debtor’s two multi-million dollar future earnings lawsuits for $12,500 and $25,000 respectively meet this Court’s “fair and equitable standard” under Protective Comm. for Indep. Stockholders of TMT Trailer Ferry, Inc. v. Anderson? late-filed—_——___—— and withdrawn proofs of claims that are legally valueless? Was the order of the bankruptcy court denying a chapter 7 debtor the ; exemption of a lawsuil pursuant iv 11 U.S.C. § 522(a)G DE) (a payment in compensation of loss of future earnings) a violation of Law v. Siegel? Is there now a split in the circuits regarding the application of the two-part test for the 11 U.S.C. § 522(d)(11)(E) exemption that should be resolved in favor of requiring the test? i .

Docket Entries

2024-01-08
Petition DENIED.
2023-12-21
DISTRIBUTED for Conference of 1/5/2024.
2023-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2023)

Attorneys

Andrew Delaney
Andrew Delaney — Petitioner
Andrew Delaney — Petitioner