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Judge refuses to hear motion to rescue

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snackrock1

Guest
What is the name of your state Michigan.
I filed an in pro sa motion to rescue Judge 2 weeks ago. The Divorcé trial is over and pending an Appeal. I have also filed for chapter 7 Bankruptcy. At the Rescue hearing today, the Judge said he could not hear the motion to rescue because of the Bankruptcy stay. I don’t believe the Judge. He has heard other motion during the stay I.E. Parenting time etc. I would prefer not to lift the stay. Any suggestions?
 


Zigner

Senior Member, Non-Attorney
It sounds to me like the judge doesn't want to touch anything related to finances because of the BK proceedings.
 

Ohiogal

Queen Bee
What is the name of your state Michigan.
I filed an in pro sa motion to rescue Judge 2 weeks ago. The Divorcé trial is over and pending an Appeal. I have also filed for chapter 7 Bankruptcy. At the Rescue hearing today, the Judge said he could not hear the motion to rescue because of the Bankruptcy stay. I don’t believe the Judge. He has heard other motion during the stay I.E. Parenting time etc. I would prefer not to lift the stay. Any suggestions?
You are so far wrong it is not funny. Pro se. Motion to recuse. You are appealing. That removes it from the jurisdiction of the court from which you are appealing. He can't do anything.

Suggestion: Hire counsel because you have no clue.
 
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Ohiogal

Queen Bee
That, and apparently the Judge didn't feel the need to be rescued.
I am going to guess the judge wasn't in danger. Hence why would he need rescued? Except from pro se litigants who have no clue about anything dealing with the law, court proceedings, jurisdiction, motions, and actual legal terminology.
 

Zigner

Senior Member, Non-Attorney
Oh, RECUSE!

That would certainly explain the dearth of information on a motion for rescue in Michigan!
 

latigo

Senior Member
What is the name of your state Michigan.
I filed an in pro sa motion to rescue Judge 2 weeks ago. The Divorcé trial is over and pending an Appeal. I have also filed for chapter 7 Bankruptcy. At the Rescue hearing today, the Judge said he could not hear the motion to rescue because of the Bankruptcy stay. I don’t believe the Judge. He has heard other motion during the stay I.E. Parenting time etc. I would prefer not to lift the stay. Any suggestions?
It doesn't make sense to address the question as to why the judge refused to hear your motion for disqualification without first knowing whether the motion conformed to Michigan law.

If it did not conform, then your question is moot. Meaning that if deniable on its face as non-conforming to Michigan Court Rules, a reviewing court would treat it as such and be done with it regardless of the action taken by the trial judge.

So, what does your affidavit allege as grounds for disqualification?

Do any fall within any category set forth in Section 200.3 (C) of the Michigan Court Rules (MCR)? Have you read Rule 200.3?

When did you discover the existence of what you believe to be grounds to disqualify the trial judge?

What evidence did you submit, or were prepared to submit to the court in support of your motion?

If you are claiming personal bias against you as a valid ground for seeking judicial qualification, why do you believe that your evidence is sufficient to overcome the presumption of judicial impartiality?

When did you discover evidence believed to be grounds for disqualification?

Was your motion and affidavit to disqualify filed within 14-days following such discovery as required under MCR 200.3(D)?

What are the grounds for your appealing from the trial court's final order?

Are you aware of the nature of the burden required to reverse a ruling from a domestic court? That it requires clear and convincing evidence of an abuse of judicial discretion and the part of the family court judge?
 
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