Jannie Robinson Tisdell v. Elizabeth Bryne Hogan, Judge, Circuit Court of Missouri, City of St. Louis, et al.
SocialSecurity DueProcess
May a State Court have subject matter jurisdiction to hear a case over a property dispute if creditor subsequently filed a core proof of claim in an adversary proceeding concerning that same property to determine dischargeability of fraud debt against a core bankruptcy estate that is pending in bankruptcy court?; May a debtor who obtained interest in property by fraud connected with a bankruptcy case be awarded the benefits of that property thru divorce aided by state judges using state statutes, rules, and procedures?
District Courts in which a case under title 11 is pending shall have exclusive jurisdiction of all the property, wherever located, of debtor, the estate, disputes, claims, etc. (and by referral bankruptcy courts). 28 U.S.C. § 1334(e)(1), 151. The 8th Circuit followed binding precedent to affirm district court ’s dismissal of Creditor ’s 42 U.S.C. § 1983 suit, 5th due process in 14th and title 11 debtor failure to give known creditor notice of bankruptcy resulting in interest in property by fraud connected with a bankruptcy case; thereafter debtor running to state court petitioning for divorce asking to divide that property in a fair and equitable manner aided by state judges using state statutes, rules and procedures to award debtor that property instead of enforcing Title 11 violations against debtor whereby District Court dismissed § 1983 suit against state judges and debtor for failure to state a claim stating : Put simply, the Court ’s interference in Plaintiff ’s property dispute in state courtis unwarranted and improper . Hmm, Creditor ’s property dispute is a core claim against the bankruptcy estate where Creditor filed a proof of claim in an adversary proceeding concerning that same property to determine dischargeability of fraud debt that is part of the core bankruptcy estate pending in bankruptcy court. The questions presented are: May a State Court have subject matter jurisdiction to hear a case over a property dispute if creditor subsequently filed a core proof of claim in an adversary proceeding concerning that same property to determine dischargeability of fraud debt against a core bankruptcy estate that is pending in bankruptcy court? May a debtor who obtained interest in property by fraud connected with a bankruptcy case be awarded the benefits of that property thru divorce aided by state judges using state statutes, rules, and procedures?