No. 23-729

Roee Kiviti, et ux. v. Naveen Prasad Bhatt

Lower Court: Fourth Circuit
Docketed: 2024-01-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: article-iii article-three-courts bankruptcy-courts bankruptcy-jurisdiction case-or-controversy civil-procedure constitutional-law judicial-review mootness mootness-doctrine standing
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (AI Summary)

Whether bankruptcy courts are bound by the case-or-controversy requirement of Article III of the Constitution

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioners Roee Kiviti and Adiel Kiviti filed a twocount complaint against Respondent Naveen Bhatt, in connection with Respondent’s bankruptcy, to (i) fix and liquidate Respondent’s debt to Petitioners; and (ii) determine that debt to be nondischargeable. When the nondischargeability count was dismissed, the parties stipulated to dismiss the monetary claim, which had become moot on account of Respondent receiving a discharge. Under Fourth Circuit precedent, the voluntary dismissal of a “doomed” cause of action acts as the entry of a final order for purposes of facilitating appellate review. Affinity Living Grp., LLC v. StarStone Specialty Ins. Co., 959 F.3d 634, 638 (4th Cir. 2020). On appeal, the Fourth Circuit held Petitioners’ damages claim was not “doomed” because the doctrine of mootness does not apply to bankruptcy courts, since bankruptcy courts are not Article III courts and, as such, are not bound by the case-or-controversy requirement of Article III of the Constitution. The question presented is: Whether bankruptcy courts are bound by the caseor-controversy requirement of Article III of the Constitution.

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-18
2024-04-05
2024-02-21
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2024.
2024-02-12
Motion to extend the time to file a response from March 6, 2024 to April 5, 2024, submitted to The Clerk.
2024-02-05
Response Requested. (Due March 6, 2024)
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-05
Waiver of right of respondent Naveen Bhatt to respond filed.
2024-01-02

Attorneys

Naveen Bhatt
Justin Philip FasanoMcNamee Hosea, P.A., Respondent
Roee Kiviti, et al.
Maurice Belmont VerStandigThe VerStandig Law Firm. LLC, Petitioner