It has been reported that bankruptcy trustees are illegally selling property under color and claim of official right, while the courts are developing doctrines to render appeals to these unlawful activities moot. (See "Moot" on this site for one example)

Linked to this article are three pdf files comprising the Petition for Writ of Certiori filed with the Supreme Court on November 7, 2005. The first file consists of the Petition. The second file is Appendices, and the third file consists of Exhibits submitted with the Petition.

1) Bankruptcy "trustees" and their attorneys, for self-serving, self enrichment purposes, are selling property that is not "property of the estate." They are selling property belonging to Trusts (see Double Dipping for one example) and now, the homesteads directly owned, and properly exempted, by individual debtors.

3) The supposed "bankruptcy mootness rule" is NOT really any "rule" at all. It is a fictional doctrine, developed to diminish the size of Appellate caseloads at the expense, primarily, of individual debtors who have claimed exemptions, and who are then summarily ignored by bankruptcy "trustees" and courts.

4) The Fearing Debtors hope that the Supreme Court will issue a Writ of Certiori, hear their underlying case, and thereby address this alleged illegal and continuing "trustee" deception. In so doing, the Supreme Court will use supervisory powers to not only right the alleged specific wrongful taking of the Fearings' homestead without due process of law, but clarify for other bankruptcy "trustees," and for all the courts, including Bankruptcy, District, and Circuit Courts, and the Judges who sit therein, the proper limits on the "authority" and "power" of bankruptcy "trustees."

5) The Petition for Writ of Certiori argues that the true power and jurisdiction of bankruptcy "trustees," courts and judges, is limited to dealing with "property of the estate," and does not extend to ANY other property. The "trustee," according to the true meaning of 11 U.S.C. 363(m), cannot shield from appellate review, the sale of ANY other property than "property of the estate."

It is clear, however, that such "trustees" do so attempt to shield their illegal activity from appellate review. Solely to build their own fees, these "trustees" attempt to sell any and all property that they can get their hands on. They will do so by any means. That such is the case should be crystal clear from any reasonable review of the sale of property owned by a Trust. (VERY IMPORTANTLY, the case of "Double Dipping," where property owned by a Trust was sold, involved the same firm, Rein Evans & Sestanovich, now renamed Moldo, Davidson, Fraoli,Seror & Sestanovich.) Now, this very same "trustee" firm, is allegedly attempting to go even further than before by selling the Fearings' exempt homestead for the firm's personal gain. The Fearings attach a "fee application," in Exhibit 16 to their Petition for Writ of Certiori, that allegedly shows the extent to which this same firm continues the practice of "Double Dipping" out of the "proceeds" of the illegal "sale."

6) In the Fearing case, the "trustee" firm's" alleged Double Dipping" has now reached the $285,000.00 level, and continues to rise. This amount is nearly four times the Fearing Debtors' originally claimed homestead exemption of $75,000. In the meantime, the Fearings have been summarily evicted from their home, while the "trustee" and his attorney, both working for the same firm, allegedly continue to pilfer and embezzle the "proceeds" of their alleged illegal "sale." They have filed what the Fearings believe are spurious lawsuits to help accomplish their goals. In an interesting twist, the "trustee" and his attorney attempt to use the "rights" of the "buyers" in the "sale" to prove that the "sale" was proper in the first place. The "trustee" allegedly attempts, in one fell swoop, to abrogate California homestead law that makes any such "sale," and any persons attempting to be "buyers" therein, subject to the Debtor's prior homestead exemption rights.

If hurricane Katrina had hit California rather than the gulf coast, it could be expected that citizens would be tossed from their homes due to acts of nature. In California, an unnatural "Hurricane," in the form of Moldo, Davidson, Fraoli, Seror & Sestanovich, is allegedly causing citizens to be evicted from their homes for the personal financial enrichment of the firm and its "partners."

The Fearings hope that all those interested in the "rule of law" will be so upset that they become moved to action to support the Fearings, and all those like them. The Supreme Court must be urged to issue the Writ of Certiori in this case. All homeowners in the United States are in jeopardy if this type of alleged "trustee" behavior is allowed to continue.