Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
c/o General Delivery at
2509 North Campbell, #1776
Tucson, Arizona state
In Propria Persona
All Rights Reserved
without prejudice
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In Re: ) Case No. #96-01624-TUC
)
Dr. and Mrs. Eugene A. Burns, ) APPLICATION FOR
Debtors ) INTERVENTION OF RIGHT AND
) RELIEF FROM AUTOMATIC STAY
)
)
________________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, expressly not a citizen of the United States, and federal
witness (hereinafter "Applicant"), to petition this honorable
Court for intervention of Right, for relief from the automatic
stay now in force upon all creditors in the instant case, and for
all other relief which this Court deems just and proper.
Applicant now addresses each relief in the order mentioned:
INTERVENTION OF RIGHT
Pursuant to Rule 24(a) of the Federal Rules of Civil
Procedure, Applicant hereby sets forth the causes for this
intervention:
1. Applicant is not one of the person(s) currently
identified as debtor(s), creditor(s), counsel(s), or trustee(s)
in the instant case.
Application for Intervention of Right and Relief from Stay:
Page 1 of 6
2. Applicant claims interests relating to the rights and
properties which are the subject of the instant case.
3. Applicant is so situated that the disposition of the
action may, as a practical matter, impair or impede Applicant's
ability to protect His own interests.
4. The interests of the Applicant are not adequately
represented by the existing party(s) to the instant case.
Applicant hereby incorporates by reference all statements of
fact expressed infra, as if same were set forth fully herein.
See Rule 24(a), Intervention of Right, in the Federal Rules of
Civil Procedure.
RELIEF FROM AUTOMATIC STAY
Applicant hereby moves this honorable Court for relief from
the automatic stay upon any lawsuit(s) brought by Applicant
against Debtors, for the following reasons:
1. The automatic stay is not serving its intended purpose,
which is to freeze Debtors' assets and debts, so that this Court
can deal with them in an orderly way.
2. Applicant hereby makes an offer to prove that Debtors
have utilized the alias "Sheryl Smith" for fraudulent purposes in
this Court and in numerous other situations. This alias was
utilized instead of a real human being acting as a proper,
adversarial Trustee to oversee the business of New Life Health
Center Company, an unincorporated business trust domiciled in the
Arizona Republic.
3. Applicant also offers to prove that Debtors have
comingled business funds of the New Life Health Center Company
for their own private use and benefit.
Application for Intervention of Right and Relief from Stay:
Page 2 of 6
4. After Debtors' original bankruptcy petition was filed,
Applicant was damaged by Debtors, and the damages incurred
thereby need to be specified and quantified, in a court of
competent jurisdiction, in order to prioritize Debtors' actual
debts.
5. Freezing Debtors' debts at this point in time has the
prejudicial effect of giving validity to the false premise that
Debtors owe nothing to Applicant, when the documentary record to
date proves quite otherwise.
6. The activity stayed will inevitably happen, regardless
of what this bankruptcy Court does, because the claim(s) in
question arose after Debtors' original bankruptcy petition was
first filed.
7. Applicant's interest(s) in the property(s) owned, or
possessed, by Debtors are currently being harmed by the stay, in
part because Debtors refuse to acknowledge Applicant's unpaid
back pay and other unspecified damages which Applicant has
suffered at the hands of Debtors, and in part because of the
probable cause which Applicant now has to charge Debtors with
fraud, mail fraud, and other unspecified criminal conduct
perpetrated against Applicant.
8. Applicant also submits a formal, standing objection to
the discharge of all Debtors' debts which have arisen from
willful or malicious acts, debts resulting from fraudulent acts,
such as mail fraud, perjury and/or lying on the official record
of the instant case, and debts arising from deprivation of
Applicant's fundamental Rights and/or other criminal acts.
Application for Intervention of Right and Relief from Stay:
Page 3 of 6
9. Applicant also takes this opportunity to provide formal
Notice to all interested party(s) of Applicant's intent to submit
and serve a Complaint to Determine Dischargeability of Debt, but
only upon final judgment of the exact extent of the damages which
Applicant has suffered at the hands of Debtors to date.
10. In particular, Debtors cannot discharge fines and/or
penalties that a federal, state, or local government has imposed
to punish Debtors for violating a law. Specifically, Debtors
cannot discharge restitution payments that might be imposed in
criminal cases. Restitution is specifically non-dischargeable
because it is imposed against the defendant, as rehabilitation,
rather than to compensate the victim. See Kelly v. Robinson, 107
S.Ct. 353 (1986).
INCORPORATION OF EXHIBIT
Pursuant to Rule 201(d) of the Federal Rules of Evidence,
Applicant hereby incorporates by reference the attached AFFIDAVIT
OF DEFAULT AND OF PROBABLE CAUSE IN RE DR. AND MRS. EUGENE A.
BURNS as previously filed in Mitchell v. Nordbrock, Pima County
Consolidated Justice Court, case number #CV-97-3438, as if the
same were set forth fully herein.
Said AFFIDAVIT addresses Applicant's diligent and good faith
efforts to determine the true identity and physical whereabouts
of "Sheryl Smith" [sic], and to obtain back pay and other
unspecified compensation from Debtors for Applicant's arbitrary,
capricious, and wrongful termination and other damages inflicted
upon Applicant by Debtors and other named and unnamed accessories
of Debtors.
Application for Intervention of Right and Relief from Stay:
Page 4 of 6
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty
of perjury, under the laws of the United States of America,
without the "United States" (federal government), that the above
statement of facts is true and correct, according to the best of
My current information, knowledge, and belief, so help Me God,
pursuant to 28 U.S.C. 1746(1).
Dated: May 15, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Application for Intervention of Right and Relief from Stay:
Page 5 of 6
PROOF OF SERVICE
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty
of perjury, under the laws of the United States of America,
without the "United States," that I am at least 18 years of age,
a Citizen of one of the United States of America, and that I
personally served the following document(s):
APPLICATION FOR INTERVENTION OF RIGHT,
AND RELIEF FROM AUTOMATIC STAY
by placing one true and correct copy of said document(s) in first
class United States Mail, with postage prepaid and properly
addressed to the following:
Dr. and Mrs. Eugene A. Burns
c/o 4500 E. Speedway, #27
Tucson [zip code exempt]
ARIZONA STATE
United States Trustee
c/o U.S. Bankruptcy Court
110 South Church Street, Suite 8112
Tucson [zip code exempt]
ARIZONA STATE
Creditors' Committee
In re: Dr. and Mrs. Eugene A. Burns
c/o United States Trustee
110 South Church Street, Suite 8112
Tucson [zip code exempt]
ARIZONA STATE
Executed on May 15, 1997:
/s/ Paul Andrew Mitchell
______________________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state and federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication 221 for addressing instructions.]
Application for Intervention of Right and Relief from Stay:
Page 6 of 6
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In Re Burns Bankruptcy