Free Motion to Reopen Case - District Court of Delaware - Delaware

Case 1 :07-cv-00034-SLR Document 35 Filed 1 1/14/2007 Page 1 of 3
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November 11, 2007 U_§V§,§·TFé§CB]jlj§gréE 1
The Honorable Judge Robinson -
U.S. District Court · _
844 N. King Street '
Lockbox 18 ,
\Mlmington, DE 19801 .
RE: U.S. District Court Civil Case No. 06-711—SLR, and 07-34 l
Your Honor;
ln defense of { criminal charges against me brought before the U.S. District I
Court of Washington DC., by non—claiming parties subject to the above captioned
appeal brought before you, i have discovered that such parties have prevailed [
through contempt ofthe U.S. Bankruptcy Court’s Order from the Bench, dated _
October 24, 2006, by notfiling a claim, where you afforded immunity to the State of l
Delaware, and Counsel on dismissal of Case No. 06-711. Where Counsel (James B.
Tyler, Esquire) attempted to enforce Famiiy Court Orders containing demands from
the Debtor’s Estate in the form of payments to ex—spouse, and her Counsel,
presented Family Court Orders, C.A. CS94-3107, tothe Bankruptcy Court, C.A. 04~
12419, without tiling a "cIaim”, where resultant of argument, the Honorable Judge
Fitzgerald instructed James B. Tyler, Esquire, to file a "late claim", and where such _
claim would act as a waiver to immunig; later afforded such parties, the immunity that
you afforded in the captioned case tile 06-711 is allowed in the shadow of contempt
before tl·re U.S. Bankruptcy Court. Where it is unclear as to whom Mr. Tyler is
representing without a proper tiled claim in the Bankruptcy Court, where Mr. Tyler
has not complied with the Bankruptcy Courts order directing Mr. Tyler to Hle a claim, it
appears that Mr. TyIer’s filings with the Court serve as appearance for Barbara H.
Buchanan, Thomas E. Gay, Esquire, and the Delaware Family Court.
\Nhere Kristen S. Gibbons, Esquire, is a contracted Officer of the Delaware
Family Court, and where such_ ciaim for which the Honorable Judge Fitzgerald
ordered filed would abrogate any immunity afforded such, any dismissal of claims
before you on appeal, or on separate suit, goes to allow the defending parties to
prevail though contempt, where in support l_ bring to you the case of Wyoming Dep‘t
of Transp. v. Straight (in re Straight), 209 BR. 540, 551 (D. Wyo, 1997), ar‘i"d, 143
F.3d 1387 (1 0th Cir. 1998), cert. denied, 1 19 _S. Ct. 446 (1998). While the district
court ruled that Article I is source of congressional authority for Congress to abrogate

Case 1 :07-cv-00034-SLR Document 35 Filed 1 1/14/2007 Page 2 of 3

• Page2 November 11, 2007
t a ‘state‘s Eleventh Amendment immunity, the tenth circuit aflirmed on the limited Q
ground that by seeking benefits under the Bankruptcy Code through bling a proof of ?
claim, the state waived its Eleventh Amendment immunity from suit in the bankruptcy i
court. See Straight, 143 F.3d at 1388439. T
Now that; the Honorable Judge Fitzgerald has closed Bankruptcy case 04- i
12419—JKF, it is understood that all prior orders of that case tile are considered tinal, i
where Judge Fitzgeralds Order from the Bench, dated October 24, 2006, directing
Mr. Tyler, Esquire, to tile a claim even if it will be considered a late claim pursuant to
Bankruptcy Rule 3002, goes to support contempt of parties for which Mr. TyIer’s
filings are representative, and where he has tiled documents in their interest with the ,
Bankruptcy Court absent a claim, presents circumstance for which your Court can ·
reopen such case tiles sua sponte. Where the U.S. District Court considered _
immunity prior to me having the opportunity to respond to the defendants arguments, ‘
as a result ofthe U.S. Bankruptcy Court not closing such case until November 2, ,
2007, there is cause to reopen C.A. 06-711 pursuant to Rule 60, absent the Coun not l
reopening sua sponte.
i
fgpearuuy l
Bud·1anan
The Honorable Judith Fitzgerald
The Delaware Supreme Court
The Honorable John Henriksen
The Honorable Judge Chandlee Kuhn
James B. Tyler, lll, Esquire .
Linda Carmichael, Esquire
Martin J. Weis, Esquire
Jennifer L. Story, Esquire
Joseph S. Shannon, Esquire `
James J. Rodgers, Esquire
Thomas E. Gay, Esquire
John A Elzufon, Esquire
Glynis Gibson, Esquire
Sharon L. Burke, Esquire
Michael B. Joseph, Esquire

Case 1:07-cv-00034-SLR Document 35 Filed 11/14/2007 Page 3 of 3
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