No. 24-5764

Eva Carmack, aka Eva-Dijna Grant, aka Eva-Djina Grant-Carmack v. Gary Carmack

Lower Court: Eleventh Circuit
Docketed: 2024-10-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: automatic-stay bankruptcy-estate claim-disclosure debtor-standing discharge-injunction due-process-rights
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-03-07 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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.

Docket Entries

2025-03-10
Rehearing DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-07
Petition for Rehearing filed.
2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2024)

Attorneys