No. 25-602

Ray Leonerdirt Díaz Santiago v. José Ramon Cárrion Morales, Chapter 13 Trustee, et al.

Lower Court: First Circuit
Docketed: 2025-11-24
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction article-iii bankruptcy-procedure constitutional-violation due-process mandate-stay
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2026-01-16
Question Presented (AI Summary)

Whether a federal court of appeals violates Due Process and exceeds its jurisdiction under Article III by denying an emergency stay request without acknowledging that execution was carried out while the appeal was pending and while a Rule 41(d) motion to stay the mandate remained untransmitted by the Bankruptcy Appellate Panel

Question Presented (from Petition)

1. Whether a federal court of appeals violates Due Process and exceeds its jurisdiction under Article III by denying an emergency stay request without acknowledging that execution was carried out while the appeal was pending and while a Rule 41(d) motion to stay the mandate remained untransmitted by the Bankruptcy Appellate Panel. 2. Whether a Bankruptcy Court violates the Due Process Clause by failing to provide effective notice of critical proceedings via the Debtor Electronic Bankruptcy Noticing (DeBN) system, thereby enabling foreclosure and eviction without the debtor ’s actual knowledge or opportunity to be heard. 3. Whether, under Griggs v. Provident Consumer Disc. Co., 459 U.S. 56 (1982), a lower court loses jurisdiction to execute a writ of possession when an 1 ii appeal and motion to stay the mandate under FRAP 41(d) are pending and unresolved.

Docket Entries

2026-01-20
Petition DENIED.
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-16
Waiver of right of respondent Jose R. Carrion Morales to respond filed.
2025-12-16
Waiver of right of respondents Planet Home Lending, LLC, Servicer for Luna Residential III, LLC to respond filed.
2025-08-04
Petition for a writ of certiorari filed. (Response due December 24, 2025)

Attorneys

Jose R. Carrion Morales
Alexandra Rodriguez DiazJose R. Carrion, Ch. 13 Trustee, Respondent
Alexandra Rodriguez DiazJose R. Carrion, Ch. 13 Trustee, Respondent
Planet Home Lending, LLC, Servicer for Luna Residential III, LLC
Sergio A. Ramirez De ArellanoSarlaw LLC, Respondent
Sergio A. Ramirez De ArellanoSarlaw LLC, Respondent
Ray L. Díaz Santiago
Ray Leonerdirt Diaz Santiago — Petitioner
Ray Leonerdirt Díaz Santiago — Petitioner