Barry J. Byrnes v. Sylvia Marie Byrnes
DueProcess Securities Privacy
Did the bankruptcy judge enter an illegal judgment and violate Petitioner's right to a jury trial in district court on the tort claims?
PREFACE Petitioner sued Defendant in a state district court and demanded a jury trial. The state complaint included claims for Defamation and Intentional infliction of Emotional Dis tress [IIED). Defendant ’s lawyer moved to dismiss all claims; the motion was denied with respect to the tort claims. The Defendant filed a Chapter 7 petition in the New Mexico Federal Dis trict Court and stayed the tort litigation. Petitioner removed the tort claims to District Court for a jury trial which, in turn, re ferred the tort claims to a bankruptcy judge. Petitioner moved to withdraw the refer ence. The bankruptcy judge scheduled a pretrial conference to set date for a non-jury trial. This action was taken before District Court could rule on the motion to withdraw the reference and/or instruct the bankruptcy judge as to those proceedings that can take place in bankruptcy court. The bankruptcy judge scheduled the pretrial conference for May 13, 2022. Petitioner appeared and refused to agree to a non-jury trial. On May 27, 2022, the bankruptcy judge, as a sanction, dismissed the tort claims and fined Petitioner $12,941.14. In June 2022 Petitioner appealed the bankruptcy court judgment to District Court. In December 2022, District Court and Tenth Circuit denied review of the motion to with draw the reference because the bankruptcy judge dismissed the tort claims in May 2022. On January 16, 2024, District Court affirmed the bankruptcy court judgment and Peti tioner appealed to the Tenth Circuit. On September 17, 2024, the Tenth Circuit ruled that Petitioner forfeited his right of ap peal. 11 QUESTIONS The questions presented are: 1. Did the bankruptcy judge enter an illegal judgment and violate Petitioner's right to a jury trial in district court on the tort claims? 2. Are the sanctions awarded by the bankruptcy judge illegal and excessive and a violation of the Petitioner ’s Eighth Amendment rights? 3. Did the District Court violate Petitioner ’s constitutional rights, including Petitioner ’s Sev enth Amendment right to trial by jury? 4. Did the District court review the bankruptcy court judgement incorrectly by not review ing the bankruptcy judge ’s opinion as findings and conclusions of law pursuant to 28 USC Section 157 and Bankruptcy Rule 8018.1? 5. Did the Tenth Circuit ’s refusal to review the District Court and underlying bankruptcy court judgments violate Petitioner ’s constitutional rights? PARTIES/COUNSEL TO THE PROCEEDING Barry Byrnes, appears Pro Se. Sylvia Byrnes is represented by Mark Pickett in the Tenth Circuit and in the lower courts (District and bankruptcy court]. R. Trey Arvizu III appeared in the bankruptcy court and District court as co-counsel to Mark Pickett.