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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