Time: Tue May 13 20:21:56 1997
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Date: Tue, 13 May 1997 20:21:23 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: relief from automatic stay, intervention of right
[This text is formatted in Courier 11, non-proportional spacing.]
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
c/o General Delivery at:
2509 North Campbell Avenue, #1776
Tucson, Arizona state
In Propria Persona
All Rights Reserved
without prejudice
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In Re: ) Case No. #95-08397-PHX-GBN
)
J. Fife Symington III, ) NOTICE OF FILING OF MOTION FOR
) RELIEF FROM THE AUTOMATIC STAY
Debtor ) AND REQUIREMENT TO FILE OBJECTION:
___________________________)
) Local Bankruptcy Rule 4001
Paul Andrew Mitchell, )
)
Movant, )
)
v. )
)
J. Fife Symington III, )
et al., )
)
Respondents. )
___________________________)
NOTICE IS GIVEN that the above Movant has filed a motion
requesting intervention of Right and relief from the automatic
stay, the details of which are as follows:
Movant alleges that the Debtor is responsible, in whole or
in part, for depriving Movant of Movant's fundamental Right
to choose Movant's Representative in the United States House
of Representatives. The extent of damages, if any, both
specified and unspecified, need to be adjudicated by a
competent and qualified jury, before Debtor's actual debt(s)
to Movant can be determined and quantified precisely. Said
deprivation is alleged to have occurred after Debtor filed
the original bankruptcy petition in the instant case.
Notice of Motion for Relief from Automatic Stay: Page 1 of 3
FURTHER NOTICE IS GIVEN that, pursuant to Local Bankruptcy Rule
4001, if no written objection is filed with the Court and a copy
served on Movant whose mailing location is:
Paul Andrew Mitchell, B.A., M.S.
c/o General Delivery at:
2509 North Campbell Avenue
Tucson 85719/tdc
ARIZONA STATE
WITHIN 15 DAYS of service of said Motion (see proof of service
infra), the motion for relief from automatic stay may be granted
without further hearing.
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
statements of fact are 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 10, 1997
Respectfully submitted
/s/ Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
(expressly not a citizen of the United States)
All Rights Reserved without prejudice
Notice of Motion for Relief from Automatic Stay: Page 2 of 3
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" (federal government), 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):
NOTICE OF FILING OF MOTION
FOR RELIEF FROM THE AUTOMATIC STAY
AND OF REQUIREMENT TO FILE OBJECTION
-and-
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:
Governor Fife Symington
c/o 1700 West Washington, 9th Floor
Phoenix 85007/tdc
ARIZONA STATE
United States Trustee
c/o P.O. Box 36170
Phoenix 85067-6170/tdc
ARIZONA STATE
Creditors' Committee
In re: J. Fife Symington III
c/o United States Trustee
P.O. Box 36170
Phoenix 85067-6170/tdc
ARIZONA STATE
Executed on May 10, 1997:
/s/ Paul Andrew, Mitchell, Sui Juris
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication #221 for addressing instructions.]
Notice of Motion for Relief from Automatic Stay: Page 3 of 3
# # #
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
c/o General Delivery at:
2509 North Campbell Avenue, #1776
Tucson, Arizona state
In Propria Persona
All Rights Reserved
without prejudice
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In Re: ) Case No. #95-08397-PHX-GBN
)
J. Fife Symington III ) APPLICATION FOR
) 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 ("FRCP"), 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 FRCP Rule 24(a), Intervention of Right.
RELIEF FROM AUTOMATIC STAY
Applicant hereby moves this honorable Court for relief from
the automatic stay upon any lawsuit(s) brought by Applicant
against the debtor, for the following reasons:
1. The automatic stay is not serving its intended purpose,
which is to freeze the debtor's assets and debts, so that this
Court can deal with them in an orderly way.
2. Applicant hereby makes an offer to prove that Applicant
now has a valid claim against debtor for neglecting, and possibly
also refusing, to take appropriate steps to prevent the
deprivation of Applicant's fundamental Right to choose a
Representative in the United States House of Representatives.
3. After debtor's original bankruptcy petition was filed,
Applicant was damaged by said negligence and refusal, and the
damage incurred thereby needs to be specified and quantified, in
a court of competent jurisdiction, in order to prioritize
debtor's actual debts.
Application for Intervention of Right and Relief from Stay: Page
2 of 6
4. Freezing debtor's debts at this point in time has the
prejudicial effect of giving validity to the false premise that
debtor owes nothing to Applicant, when the documentary record to
date proves quite otherwise.
5. The activity stayed will inevitably happen, regardless
of what the bankruptcy court does, because the claim(s) in
question arose after debtor's original bankruptcy petition was
first filed (September 20, 1995).
6. Applicant's interest(s) in the property(s) owned, or
possessed, by the debtor are currently being harmed by the stay,
because of the probable cause which Applicant now has to charge
the debtor with fraud and other unspecified criminal conduct
perpetrated against Applicant. Silence can be equated with fraud
where there is a legal or a moral duty to speak. See U.S. v.
Tweel, 550 F.2d 297, 299 (1977).
7. Applicant submits a formal, standing objection to the
discharge of all debtor's debts which have resulted from
fraudulent acts.
8. 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 the debtor.
9. In particular, debtor cannot discharge fines and/or
penalties that a federal, state, or local government may impose
to punish debtor for violating a law. Specifically, debtor
cannot discharge restitution payments that might be imposed in
criminal cases. Restitution is specifically non-dischargeable
Application for Intervention of Right and Relief from Stay: Page
3 of 6
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 EXHIBITS
Pursuant to Rule 201(d) of the Federal Rules of Evidence,
Applicant hereby incorporates by reference the following attached
documents as if all were set forth fully herein, to wit:
1. Press release entitled "State Citizens Cannot Vote," by
Paul Andrew Mitchell, November 2, 1996;
2. BONA FIDE AND VERIFIED OFFER IN COMPROMISE AND VERIFIED
OFFER TO HOLD HARMLESS FOR VIOLATIONS OF 18 U.S.C. 242,
dated April 18, 1997, from Applicant to Governor Fife
Symington (3 of 3);
3. BONA FIDE AND VERIFIED OFFER IN COMPROMISE AND VERIFIED
OFFER TO HOLD HARMLESS FOR VIOLATIONS OF 18 U.S.C. 242,
dated February 25, 1997, from Applicant to Governor
Fife Symington (2 of 3);
4. BONA FIDE AND VERIFIED OFFER IN COMPROMISE AND VERIFIED
OFFER TO HOLD HARMLESS FOR VIOLATIONS OF 18 U.S.C. 242,
dated December 11, 1996, from Applicant to Governor
Fife Symington (1 of 3);
5. Letter from Applicant to Arizona State Risk Management,
dated December 11, 1996, on subject of Voting Rights
Violation; and,
6. FINAL NOTICE AND DEMAND from Applicant to Governor Fife
Symington, dated October 16, 1996.
REMEDY REQUESTED
Wherefore, all premises having been duly considered,
Applicant hereby requests this honorable Court to lift the
automatic stay now in force upon any claim(s) by Applicant
against debtor which arose after the filing date of debtor's
petition in the instant case, and to grant Applicant's request
for intervention of Right in the instant case.
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
statements of fact are 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 10, 1997
Respectfully submitted,
/s/ 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" (federal government), 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:
Creditors' Committee
In re: J. Fife Symington III
c/o United States Trustee
P.O. Box 36170
Phoenix 85067-6190/tdc
ARIZONA STATE
Executed on May 10, 1997:
/s/ Paul Andrew, Mitchell, Sui Juris
Citizen of Arizona state, 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
# # #
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
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