Burch v. Chase Bank of TX
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 21-10054 (5th Circuit, Nov 22,2022) Not Published
- Tag(s):
-
- Ruling:
- In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to proceed in forma pauperis, dismissed his appeal his moot, and sanctioned him in light of his past violations (and despite a past monetary punishment) with both a $500 fine and an order barring him from any further filings in the Circuit or any court subject to its jurisdiction without first obtaining the permission of the forum court.
- Procedural context:
- The Debtor appealed from the district court’s order denying his motion to reopen his appeal from the bankruptcy court’s denial of his motion under Federal Rule of Civil Procedure 60(b) to reverse all orders in his case, but because the Debtor's “motion to reopen” in the district court was filed within 28 days of the entry of the district court’s order affirming the denial of Rule 60(b) relief, his notice of appeal from the denial of the motion to reopen brought up for review the district court’s order affirming the denial of Rule 60(b) relief too. On appeal, moreover, the Debtor filed a motion to proceed in forma pauperis (IFP) on appeal, a motion to remand the case to the district court, and a motion to stay the proceedings.
- Facts:
- Once, if not still, the owner of multiple properties, the Debtor had filed a multiplicity of cases and appeals. This was just the most recent.
- Judge(s):
- Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson
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