Judicial Bias And Bankruptcy

Summary

If you suspect judicial bias, you can file a motion for disqualification under California Code of Civil Procedure section 170.6. Fraud in bankruptcy can involve misleading statements or improper discovery objections. If your civil case was affected by a bankruptcy that has ended, you can proceed without concern for the previous bankruptcys impact. For ongoing civil cases, consider filing a motion for relief from stay or summary judgment to ensure enforceability of future judgments. If a company involved in your case has changed ownership, the new owner is typically responsible for any judgments awarded. Consult with a local attorney for specific guidance.

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Can fraud in a bankruptcy be from making objections to discovery and misleading statements to the Court and an appeal granted for discovery even though the Judge denied all discovery

Fraud in bankruptcy can arise from various actions, including making objections to discovery and misleading statements to the court. Here's what you should know:
- Misleading Statements: Providing false information or omitting important facts can be considered fraud.
- Objections to Discovery: If objections are made in bad faith to conceal information, this could be fraudulent.
You may want to discuss these issues with a bankruptcy attorney to understand your options. Do you have any specific examples or evidence of these actions?

As Plaintiff can my civil case be removed from the bankruptcy if the defendants meet the requirements mentioned in previous answer

As a plaintiff, your civil case can potentially be removed from the bankruptcy court if the defendants meet certain requirements. Here are some key points:
- Automatic Stay: Bankruptcy filing typically puts an automatic stay on ongoing civil cases.
- Relief from Stay: You can file a motion for relief from the automatic stay under * U.S.C. § *(d).
- Bankruptcy Fraud: If fraud is involved, it may impact the proceedings and the court's decisions.
Do you have specific details about the fraud or requirements that have been met?

The Bankruptcy is complete so I would need California to remove me from the bankruptcy. If they objected to discovery more than * times and the Judge denied it but the appellate court found to remit the case back to superior court for discovery and during one of those instances, the Judge told me to be quiet while defendants made misleading statement to the court so as to not have discovery.

It sounds like you have a complicated situation involving bankruptcy and potential judicial bias. Here are a few steps you might consider:
- Motion for Relief from Stay: Since the bankruptcy is complete, you can file this motion to proceed with your civil case.
- Judicial Misconduct: You can file a complaint about the judge's behavior with the California Commission on Judicial Performance.
- Fraud Allegations: Document all misleading statements and objections to discovery as evidence.
Have you already consulted with a bankruptcy attorney about these specific issues?

No Consultation but I would need to file a motion in either superior court if my case is remitted from the appellate court or in appellate court to be removed from the bankruptcy.

You should file a motion in the superior court if your case is remitted from the appellate court. Key steps include:
- Motion for Relief from Stay: File in superior court to proceed with your civil case.
- Documentation: Gather all evidence of misleading statements and objections to discovery.
- Judicial Misconduct: Consider filing a complaint with the California Commission on Judicial Performance.
Have you reviewed the specific procedures for filing a motion in your local superior court?

No I would have to await the appellate court to remit the case back to superior court

You are correct that you would need to wait for the appellate court to remit the case back to the superior court to proceed. In the meantime, you can prepare the necessary documentation and evidence to support your motion and any complaints regarding judicial misconduct.
Would you like more information on how to prepare your motion for when the case is remitted?

yes

To prepare your motion effectively, follow these steps:
- Organize Evidence: Collect all documentation, including misleading statements, objections to discovery, and any relevant court orders.
- Draft Motion: Prepare a detailed motion for relief from stay, clearly stating your reasons and supporting evidence.
- Judicial Misconduct: Document any instances of bias and consider filing a complaint.
Would you like detailed guidance on drafting a motion for relief from stay?

Yes

To draft a motion for relief from stay, follow these steps:
*. Organize Evidence:
- Collect all relevant documents, including court orders, objections, and transcripts.
*. Draft the Motion:
- Title: "Motion for Relief from Stay"
- Identify the parties and the case number.
- Explain the background of the case and the completion of bankruptcy.
- State specific reasons for relief from stay, including evidence of misleading statements and improper objections.
- Attach supporting documents.
*. Declaration:
- Include a sworn statement detailing the facts and your claims.
*. Proposed Order:
- Draft an order for the judge to sign if they grant your motion.
*. Judicial Misconduct:
- Document any bias and file a complaint with the California Commission on Judicial Performance.
Would you like more detailed help with any of these steps?

What is a motion for relief from stay?

A motion for relief from stay is a request made to the bankruptcy court to lift the automatic stay that halts other legal proceedings against the debtor. This allows the creditor or another party to continue with their claims in a different court.
Would you like more information on how to file this motion?

The Bankruptcy ended 1 year ago but can I file anything in California Court to remove me from the Bankruptcy

Since your bankruptcy has ended, you cannot be "removed" from it. However, you can seek to address any ongoing impacts related to it:
- Motion to Reopen Bankruptcy Case: You may file this to address unresolved issues.
- Motion for Relief from Stay: If any automatic stay impacts persist, though unlikely a year post-discharge.
Would you like more information on filing a motion to reopen your bankruptcy case?

If there is fraud in the bankruptcy, can I file anything in California Court so that I may get any monetary judgment in Civil Court

You can file a complaint in California Superior Court if you believe fraud occurred during the bankruptcy. Key points:
- You can seek monetary judgment through a civil fraud lawsuit.
- Gather evidence of the fraud.
- Consider consulting with a bankruptcy or civil litigation attorney.
Would you like more information on how to file a fraud complaint in California Superior Court?

Is there a motion I can file in the California Superior Court prior to a civil judgement that would allow me to receive a Judgement if so won in the future

You can file a "Motion for Summary Judgment" in California Superior Court to seek a judgment before trial. This is based on the argument that there are no material facts in dispute and you are entitled to judgment as a matter of law.
Would you like more details on how to file this motion?

Is there a motion I can file in the California Superior Court prior to a civil judgement that would allow me to receive the full Judgement if so won in the future even though I was placed in a Bankruptcy that ended 1 year ago for fraud

Case Rating: *
You might want to consider filing a "Motion for Relief from Stay" in the superior court to ensure that any potential future judgment is enforceable despite your previous bankruptcy. This motion can help clarify that your claim can proceed unaffected by the past bankruptcy.
Would you like more details on how to file this motion?

Is there a motion I can file in the California Superior Court prior to a civil judgement that would allow me to receive the full Judgement if so won in the future even though my civil case was placed in defendants Bankruptcy that ended 1 year ago for fraud

You might consider filing a "Motion for Summary Judgment" or a "Motion for Relief from Stay."
- Motion for Summary Judgment: Argues there are no disputed material facts and seeks judgment as a matter of law.
- Motion for Relief from Stay: Ensures future judgments are enforceable despite past bankruptcy.
Would you like more details on either motion?

If my civil case was placed in the defendants (Frontier California) bankruptcy, Frontier California is purchased by Verizon California. My Civil case ends while owned by Verizon California. The Appellants appeal is won and remitted back to the Superior Court for Discovery not being had. Can I the Plaintiff in Eduardo E. Rivas v Verizon California file a motion or have to worry about the bankruptcy the civil case was previously placed in?

You can proceed with your civil case without worrying about the previous bankruptcy. Since the bankruptcy case has ended, the automatic stay no longer applies. You should focus on the discovery process as remitted by the appellate court.
Would you like information on preparing for the discovery phase in your case?

If the Bankruptcy my civil case was placed in was by Frontier California and the Company I am suing is now Verizon California and the case number has not changed, if judgement happens while owned by Verizon California, does the judgement have to be paid in full or is it still part of the bankruptcy and will not be paid

If the bankruptcy has been completed, it should not affect the judgment in your civil case. Verizon California, as the new owner, would be responsible for paying any judgment awarded if the case is decided in your favor.
Would you like more information on how to proceed with the discovery phase?

If defendants oppose discovery and mislead the judge is that fraud in California

Misleading a judge and opposing discovery in bad faith can be considered fraud in California. Key points:
- Misleading Statements: Providing false information to the court is fraudulent.
- Obstructing Discovery: Bad faith objections to conceal evidence can be fraud.
Would you like more information on how to address this issue in court?

Is that fraud able to have California dismiss the Bankruptcy

In California, fraud can potentially be a reason to challenge a bankruptcy, but it won't automatically dismiss it. Here are some key points:
- You can file a motion to reopen the bankruptcy case if fraud is discovered.
- You may need to provide substantial evidence of the fraud.
- Consult with a bankruptcy attorney to explore your options.
Would you like more information on how to file a motion to reopen a bankruptcy case?

yes

To file a motion to reopen a bankruptcy case due to fraud, follow these steps:
*. Draft the Motion:
- Title: "Motion to Reopen Bankruptcy Case"
- Include the case number and parties involved.
- Provide a detailed explanation of the fraud, supported by evidence.
*. Attach Evidence:
- Include all relevant documents and evidence of the fraud.
*. File and Serve:
- Submit the motion to the bankruptcy court and serve it to all relevant parties.
Would you like more detailed guidance on drafting the motion?

Is there a case I can cite

For fraud in bankruptcy and judicial bias, you might find these cases useful:
- In re Marriage of Wang (*): Addresses judicial bias.
- In re Marriage of Tharp (*): Deals with judicial misconduct.
- In re Bibo, Inc. (9th Cir. *): Discusses fraud in bankruptcy.
Would you like more details on any of these cases?

yes

Here are brief summaries of the cases:
- In re Marriage of Wang (*): This case addresses issues of judicial bias and the standards for recusal of a judge. It emphasizes the importance of impartiality in judicial proceedings.
- In re Marriage of Tharp (*): This case deals with judicial misconduct, focusing on the appropriate conduct of judges and the remedies available if misconduct is proven.
- In re Bibo, Inc. (9th Cir. *): This case discusses fraud in bankruptcy, providing examples of actions that can be considered fraudulent and the legal consequences.
Would you like detailed information on how to use these cases in your motion?

Tell me how these cases can relate to my case

- In re Marriage of Wang (*): Relevant for addressing judicial bias. If you experienced bias during your case, you can cite this to show the need for an impartial judge.
- In re Marriage of Tharp (*): Useful for demonstrating judicial misconduct if any occurred during your proceedings.
- In re Bibo, Inc. (9th Cir. *): Pertinent for illustrating how misleading statements and fraudulent actions impact bankruptcy cases.
Would you like more details on incorporating these cases into your motion?

yes

To incorporate these cases into your motion, follow these steps:
*. In re Marriage of Wang (*):
- Relevance: Cite this case to argue for judicial recusal due to bias.
- Application: Highlight instances of bias in your case and compare them to the standards discussed in Wang.
*. In re Marriage of Tharp (*):
- Relevance: Use this to support claims of judicial misconduct.
- Application: Detail any judicial misconduct in your case and reference the findings in Tharp.
*. In re Bibo, Inc. (9th Cir. *):
- Relevance: Illustrate fraudulent actions within bankruptcy proceedings.
- Application: Present evidence of fraud in your case, using Bibo as a precedent for how the court should respond.
Would you like examples of how to phrase these citations in your motion?

What standards are in wong

In *In re Marriage of Wang (*)*, the standards for judicial bias and recusal include:
- Demonstrating that a reasonable person would doubt the judge's impartiality.
- Providing specific instances where bias may have affected judicial decisions.
- Showing that the judge's actions or remarks indicate a potential for unfair judgment.
Would you like more information on how to present these standards in your motion?

What standards are in wang

In *In re Marriage of Wang (*)*, the standards for judicial bias and recusal are:
- A reasonable person must doubt the judge's impartiality.
- Specific instances of bias impacting judicial decisions should be provided.
- Any actions or remarks by the judge that indicate potential unfair judgment should be demonstrated.
Would you like detailed guidance on presenting these standards in your motion?

In a motion to Compel for the Augmented designation of record, What do I need for the Appellate Court

To file a motion to compel for an augmented designation of record in the appellate court, follow these steps:
*. Identify Missing Records:
- List specific documents or transcripts that are missing from the record.
*. Draft the Motion:
- Title: "Motion to Compel Augmented Designation of Record"
- Case Number and Parties
- Clearly state why the missing records are necessary for your appeal.
- Attach a proposed order for the judge to sign.
*. Serve the Motion:
- Serve the motion to all relevant parties.
Would you like more details on drafting the motion?

Yes

To draft a motion to compel for an augmented designation of record, follow these steps:
*. Identify Missing Records:
- List specific documents or transcripts missing from the record.
*. Draft the Motion:
- Title: "Motion to Compel Augmented Designation of Record"
- Case Number and Parties: Include the case number and names of the parties involved.
- Statement of Necessity: Clearly state why the missing records are essential for your appeal. Explain how they impact your case.
- Supporting Evidence: Attach any supporting documents or references that demonstrate the importance of the missing records.
- Proposed Order: Draft a proposed order for the judge to sign if they grant your motion.
*. Serve the Motion:
- Serve the motion to all relevant parties involved in the case.
Would you like more specific examples or templates for any of these sections?

Yes

To help you draft your motion to compel for an augmented designation of record, here's a more detailed example:

~Example Motion to Compel Augmented Designation of Record
Title: Motion to Compel Augmented Designation of Record
Case Number and Parties:
Case No. [Your Case Number]
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Statement of Necessity:
The following documents and transcripts are essential for the proper review of the appeal:
- [Specify Missing Document *]
- [Specify Missing Document *]
These records are critical because [explain how each document impacts your case, providing specific reasons and context].
Supporting Evidence:
Attached are references and supporting documents that demonstrate the relevance and necessity of the missing records:
- [Attach Supporting Document *]
- [Attach Supporting Document *]
Proposed Order:
[Draft an order for the judge to sign, compelling the inclusion of the specified records in the augmented designation of the record.]
Service:
This motion has been served to all relevant parties involved in the case, as per the court's requirements.
Would you like more specific examples for any of these sections?

Supporting evidence

To include supporting evidence in your motion to compel for an augmented designation of record, you need to provide clear documentation and references that demonstrate the importance of the missing records to your case. Here's how you can structure this section:

Supporting Evidence:
*. Exhibit A: [Specify Missing Document *]
- Description: [Briefly describe what the document is and its relevance to the case.]
- Importance: [Explain why this document is critical for the appeal and how it impacts the case.]

*. Exhibit B: [Specify Missing Document *]
- Description: [Briefly describe what the document is and its relevance to the case.]
- Importance: [Explain why this document is critical for the appeal and how it impacts the case.]
*. Exhibit C: [Specify Missing Transcript]
- Description: [Briefly describe what the transcript is and its relevance to the case.]
- Importance: [Explain why this transcript is essential for the appeal and how it impacts the case.]
Would you need more specific examples or templates for any of these exhibits?

If all the documents are for discovery, Can they all be just listed as need for discovery because ...

Yes, you can list all the documents as needed for discovery in your motion. Here's how you can phrase it:
Supporting Evidence:
*. Exhibit A: Discovery Request *
- Description: [Briefly describe the document, e.g., "Interrogatories served on Defendant."]
- Importance: These discovery requests are critical for establishing the facts of the case and preparing for trial.
*. Exhibit B: Discovery Request *
- Description: [Briefly describe the document, e.g., "Request for Production of Documents."]
- Importance: These documents are necessary to obtain evidence supporting the claims and defenses in this case.
*. Exhibit C: Discovery Request *
- Description: [Briefly describe the document, e.g., "Deposition transcripts."]
- Importance: The deposition transcripts are vital for understanding witness testimonies and preparing for trial.
Would you like any specific templates or examples for these sections?

How close to AOB can I file the motion to compel

In California, you should file a motion to compel as soon as you realize the opposing party is not complying with discovery requests. Generally, you should do this well before the discovery cut-off date set by the court. This ensures the court has ample time to review and rule on your motion.
Would you like more details on the process of filing a motion to compel in California?

Judicial Bias And Bankruptcy

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