Time: Tue May 13 20:21:56 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id TAA24060; Mon, 12 May 1997 19:45:34 -0700 (MST) by usr05.primenet.com (8.8.5/8.8.5) with SMTP id TAA09354; Mon, 12 May 1997 19:45:18 -0700 (MST) 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 ========================================================================
Return to Table of Contents for
Supreme Law School: E-mail