Free Designated Record on Appeal - District Court of Delaware - Delaware


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Date: August 10, 2007
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Category: District Court of Delaware
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Case 1:07-cv-00492-JJF Document 2 Filed 08/09/2007 Paget of 3
IN THE UNITED STATES BANKRUP'§qQ?‘X]@Q§lR5§% tl}: 5%
. . DISTRICT OF DELAWARE I
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AUTREY J. LOCKLEAR, and ) ‘
CHERYL B. LOCKLEAR ) ·
) No. BAP—07-72
Debtors, )
) Case No. 05-13074-PJW
)
In re AUTREY J. LOCKLEAR ) Chapter 7, No—Asset
) .
Plaintiff/Appellant ) Adv. Proc. No. 06-50817
v. )
A )
DIVISION OF REVENUE, AND )
STATE OF DELAWARE, ) .
Defendants/Appellees )
DESIGNATION OFIRECORD AND STATEMENT OF ISSUES ·
‘ ON APPEAL
Appellant, Autrey J. Locklear, pr0—se, pursuant to Rule 8006,
Federal Rules of Bankruptcy Procedure, hereby designates the record
and states the issues to bepresented on appeal as follows:
DESIGNATION OF RECORD
The following items are to be included in the record on appeal: I
l. Original adversarial complaint for determination of discharge.
2. Answer to complaint. _
3. Minutes of pre-trial conference hearing held on 12/O'?/06. .
4. Motion for Summary Judgment filed by Defendants with
attachments l through ll. p
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( Case 1:07-cv-00492-JJF Document 2 Filed 08/09/2007 Page 2 of 3
5. Plaintiffs Objection t`oDefendant's Motion for Summary
“ Judgment with Exhibits A, B and C. (
6. Plaintiffs Cross Motion for Summary Judgment -
( 7. Defendant’s Response in Opposition to Plaintiffs Cross-Motion for
Summary Judgment. e
8. Memorandum Opinion of the Court made on June 27, 2007.
9. Notice of Appeal filed on July 6, 2007.
10. This Designation of Record and Statement of Issues on Appeal.
_ _ STATEMENT OF ISSUES
The issues to be presented on appeal are:
l. Whether the trial Court erred in granting Summary Judgment
. against Plaintiff for failing to file returns for 1987 and 1988, where
unprotested assessment for those years by the state Director of Revenue
constituted a §523 (a) (l) (B) (i) "return" under Delaware law.
I 2. Whether trial Court erred in refusing to address the §523 (a) (1) .
(c) raised claim by Defendants, with Plaintiffs corresponding Fegeley ·
argument. U
Dated: July 13, 2007
Autrey J. Locklear, pro-se
1510 E. Ayre Street
Newport, DE 19804
(302) 353-1018
(302) 588-7876 -

Case 1:07-cv-00492-JJF Document 2 Filed 08/09/2007 Page 3 of 3
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cnaarirtcprrs or settvtoa l i eé-e ---;* *
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I, Autrey J. Locklear, do hereby declare under the penalty of perjury, °"` 5*
that I have served the parties below a copy of the atta0h§l§lg$`§?§1Q*l§r1§ritiQ_¥5UR-
of Record and Statement of Issues on Appeal by first-class, U.S. Mails E
on this day of ______Q§;_ , 2007: I
Stuart B. Drowos
Deputy Attorney General - .
I Department of Justice
State of Delaware
Carvel State Building
820 French Street
Wilmington, DE 19801
United States Bankruptcy Court (original and copy)
District of Delaware
Office of the Clerk ofthe Court
3rd Floor
824 Market Street ‘ .
Wilmington, DE 19801
Autrey J. Icocklear I
28 U.S.C. Sec. 1746