Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00034-SLR Document 36 Filed 1 1/14/2007 Page 1 of 2
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lTo: Michael B Joseph, Esquire
824 Market Street, Suite 905 [E @ E ll W [E
P.O. Box 1350 ‘
Wilmington, Delaware NOV I 4, 299;
From; David J. Buchanan - SU E
34806 Hudson Road US. DlgT2?C%!NSON l
Laurel, DE 19956 JUDGE .
Case Ne. O4-12419-JKF , EQ Sfsmmd
U.S. District Case No. 07—3-4-SLR ‘ p
Mr. Joseph,
In response to several filings by Barbara H. Buchanan in State Courts, as well as
Washington D.C. Courts, I am requesting that you request enforcement ofthe Bankruptcy V
Cou1t’s Orders Born the bench on October 24, 2006, where Judge Fitzgerald requested
Barbara H. Buchanan by and through James B. Tyler, Esquire, to tile a late claim even if
it would be considered unsecured, and non-priority, pursuant to Rule 3002. It is my
understanding that this order is final even if the case had been later dismissed then closed
on November 2, 2007, where a bankruptcy court's order is final and appealable if it: (1)
resolves all contested issues on merits and leaves only distribution of estate assets to be
completed; (2) ultimately determines credit0r’s position in bankruptcy proceeding,
even though administration of debtors estate continues; or (3) marks conclusion of
what, but for bankruptcy, would be equivalent of stand-alone suit by or against trustee.
KBC Bank, N.V. v UAL Corp. (In re UAL Corp.) (2004, ND Ill) 43 BCD 160. Barbara
H. Buchanan did not tile an appeal to this order. I am also requesting that you direct
- counsel for Barbara H. Buchanan, James B. Tyler, Esquire, to comply with a directive
from the Bankruptcy court contained in the docket 198, requiring him to provide
corrected certiiicate of service to the court, showing a corrected address for his client,
Barbara H. Buchanan. A proper address for Ms. Buchanan is necessary to identify
jurisdiction in other courts.
Where the U.S. District Court affirmed the Bankruptcy Court’s order to dismiss
the case, justifying such order as the case being more about a divorce than about a
bankruptcy, does not abrogate a linal order from the Bankruptcy Court, for which would
have resolved contested issues preventing confirmation.
Sinfetely
. J »
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Da ' J. Buchanan, Debtor an
Files

Case 1:07-cv-00034-SLR Document 36 Filed 11/14/2007 Page 2 of 2
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