Eva Carmack, aka Eva-Dijna Grant, aka Eva-Djina Grant-Carmack v. Gary Carmack
DueProcess JusticiabilityDoctri
Whether a debtor who fails to disclose a claim in bankruptcy schedules is barred from litigating that claim in state court and lacks standing to pursue determination of dischargeability
QUESTIONS PRESENTED 1. Whether a debtor who fails to disclose a claim in bankruptcy schedules is barred from litigating that claim in state court after it becomes property of the bankruptcy estate, and whether such debtor lacks standing to pursue determination of dischargeability. 2. Whether a debtor’s attempt to collect a claim, now property of the bankruptcy estate, violates the automatic stay and discharge injunction under 11 U.S.C. §§ 362(k) and 524(a), and whether such actions infringe upon the due process rights of another debtor.