Summary
The Fourth Circuit denied Natalie A. Tao’s petition for a writ of mandamus arising from her voluntary Chapter 13 bankruptcy case. The court held that dismissal of the bankruptcy petition rendered much of the requested relief moot and that the remaining relief was unavailable by mandamus because Tao lacked a clear right to relief and mandamus could not substitute for an appeal.
Topics
Practice areas
Questions Presented
- Whether Tao demonstrated entitlement to a writ of mandamus directing the bankruptcy court, trustee, or other parties to take the requested actions.
- Whether dismissal of Tao's Chapter 13 petition under 11 U.S.C. § 521(i)(1) rendered much of the requested mandamus relief moot.
- Whether Tao's request for a stay of collection or enforcement proceedings should be granted.
Holdings
- The dismissal of Tao's voluntary Chapter 13 petition under 11 U.S.C. § 521(i)(1) rendered much of the relief she sought moot.
- Tao was not entitled to mandamus relief because mandamus may not be used as a substitute for appeal and she failed to demonstrate a clear and indisputable right to the requested relief.
- Tao's motion for a stay was denied as moot.
Key quotations
“Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances.”
“Further, mandamus relief is available only when the petitioner “has a clear and indisputable right to” the relief she seeks and “has no other adequate means . . . to attain the desired relief.””
“mandamus may not be used as a substitute for appeal”
Factual background
Tao commenced a voluntary Chapter 13 bankruptcy case in the District of Maryland. She sought mandamus relief directing the bankruptcy trustee and others to take or refrain from taking various actions, including crediting plan payments, preserving and reconstructing documents, providing ADA-compliant access, recovering assets, and avoiding retaliation. The bankruptcy court dismissed her petition under 11 U.S.C. § 521(i)(1), which rendered much of the requested relief moot.
Procedural history
Tao filed a voluntary Chapter 13 petition in the United States Bankruptcy Court for the District of Maryland. She petitioned the Fourth Circuit for mandamus relief seeking multiple orders concerning the bankruptcy trustee, plan payments, documents, ADA access, assets, participation by certain parties, and alleged retaliation, and also sought a stay of collection or enforcement proceedings. The bankruptcy court dismissed the voluntary Chapter 13 petition under 11 U.S.C. § 521(i)(1). The Fourth Circuit denied the mandamus petition and denied the motion for a stay as moot.