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  1. #1
    Join Date
    Mar 2018
    Posts
    10

    Default Motion to Expand the Record

    My question involves court procedures for the state of: Louisiana

    - secured creditor (SC) appealed a bankruptcy fee order to district court, proceeding IFP, because the trustee sought to distribute proceeds of the asset securing SC's claim to himself and his attorneys.
    - trustee argued that the appeal was frivolous because SC's secured claim was satisfied and claims to have a cancelled promissory note. (trustee filed no objection to the claim in bankr. ct.)
    - district court dismissed SC's appeal as frivolous - and denied IFP status to appeal its decision.
    - appeal was docketed and SC's IFP affidavit was submitted to 5th circuit. SC was given 30 days to file IFP motion.
    - meanwhile, trustee filed motion to dismiss appeal in 5th circuit.
    - SC received copy of the motion a day after a reply was due. SC called the 5th cir. clerk and was told that as a pro se filer he had an automatic 30-day extension of time under the covid-19 order - making the due date 3 weeks after the IFP motion is due. So, SC decides to file a combined IFP motion and opposition because the same issues are involved - ie whether the appeal is frivolous.
    - While preparing his combined IFP motion and opposition to dismissal motion, SC discovers that the "cancelled promissory note" entered into evidence by the trustee is a fake. SC drafts a motion to expand the record and for sanctions.
    - three days before the IFP motion is due, the clerk informs SC that 30-day extension was NOT automatically applied and SC's appeal was dismissed (23 days after trustee's motion was filed).
    -further, the mandate issued the same day as the order dismissing appeal.
    - SC filed motion to reconsider and vacate which was denied.
    -what if anything can be done after mandate BESIDES petitioning for SCOTUS writ?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,007

    Default Re: Motion to Expand the Record

    The trouble with Pro Se is you think you know how to do it and then you rely on something some clerk told you on the phone and you wind up dead in the water because you didn't look up and follow the rule.

    SCOTUS hears about 100 cases per year and that's 1% to 2% of the cases filed. Your petition is guaranteed to be denied out of hand because it is of miniscule importance compared to the cases heard by the court.

    You were a creditor for a debt that was so small it wasn't worth hiring an attorney and you failed to follow the time limits that an attorney would know.

    I think you are done. I'm sure you don't like this answer but it's a reality that you are going to have to accept.

  3. #3
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Motion to Expand the Record

    I'm pretty sure it's done... Was just wondering if anything could be done in dist. ct.?
    FRAP rules were looked up. 10 days to file opposition. Motion was filed May 9. Was received in the mail on May 20. (1 day after opposition was due on 19th.) Additional rule allows 3 days for mail - meaning opposition due 1 day after it was received.
    5th Cir. web site had 30-day auto extension per general court order re COVID-19 procedures. Looked up Court order - appeared to apply to pro se filers who were receiving filings in the mail. Clerk confirmed that it did. So, no motion for an extension was filed. Clerk estimated deadline of June 21. Because IFP motion was due June 7th, the opposition combined with the IFP motion should have been 2 weeks early. Appeal was dismissed, June 1, 23 days after motion was filed (no idea how that was calculated). Clerks were all confused re the dismissal. That's when motion to reconsider/vacate was filed.
    As for atty, had one. But, he became cost prohibitive many months ago because this is not the first time the trustee has engaged in the falsification of evidence - making the case fact intensive - and it was costing too much (tens of thousands) to combat it.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,007

    Default Re: Motion to Expand the Record

    Well, something went wrong somewhere.

    And there's no place left to go.

  5. #5
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Motion to Expand the Record

    Gonna return to DC on a motion to vacate... I'll let ya know how it turns out.

  6. #6
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Motion to Expand the Record

    Well, Jack... Found out why the courts have been SO willing to break all law and precedent to shield the defendants from liability in this case... ie, what "went wrong somewhere..." It appears that, aside from the fact that one named defendant is a US trustee, turns out, his partner-in-crime/Co-Defendant in this case is (despite being a disbarred attorney himself) the brother of the former president of the Louisiana Bar Association. And... attorneys have the nerve to take offense at lawyer jokes... so shady.

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