Free Letter - District Court of Delaware - Delaware

Case 1:07—cv—00240-G|\/IS Document 13 Filed 10/12/2007 Page 1 of 4
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE]
In re: )
)
ANDREA KLIKA, )
Debtor, Pro Se ) D.C. NO. 07-240 GMS
)
In re: )
)
ANDREA KL]KA, ) ISSUES PURSUANT TO
Appellant, Pro Se ) FRBP RULE 8006 AND
Defendant, Pro Se ) LOCAL RULE 8006-1.
)
I A m
KELLY BEAUDIN STAPLETON, ) iv _' - ·- -
United States Trustee, ) Q ,.,, - .. _.,, Y
Appellee ) 5-
Pramtrff 3 OCT T2 2007
GEORGE MILLER, ) __ ,_,£. _ ,...., QL
§ . . slr.: P" HT Q
Chepter 7 Trustee- J ,.,_,,.
Appellee )
Plaintiff )
)
ISSUES PURSUANT TO FRBP RULE 8006 AND LOCAL RULE 8006-1
BACKGROUND:
1. A Notice of Appeal (Bankruptcy Court Case No. 05-10707 MFW, Listed under
Adv. Proc. No. 06-50605 MFW as AP-07-14; US District Court Case No. 07-240 GMS,
as entry 1) was tiled on April 19, 2007 in the Bankruptcy Court, subsequently transmitted
to and tiled on May 2, 2007 in the US District Court.
2. Designations submission (Rule 8006, Local Rule 8006-1) was pending due to the
pending outcome of the Motion to Leave to Appeal. As now this appeal is moving
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Case 1:07—cv—00240-G|\/IS Document 13 Filed 10/12/2007 Page 2 of 4
forward although the Motion to Leave will not be heard (general issues accompany this
Motion), and as such, the Designations filed on October l0, 2007. Designations include
the entire Bankruptcy Court Record Case No. 05-10707 (MFW), Adv. Proc. No. 06-
. 50605 (MFW), and Adv. Proc. No. 06-50607 (MFW) to date.
3. Related to Designations and Issues and this appeal are the Motion to Proceed on
the Original Record and Motion to Suppress Use of Evidence which have been filed
on October 10, 2007. Granting of these motions are critical to the substantial rights ofthe
Appellant Debtor, Pro Se.
4. Debtor Appellant Pro Se also filed a Motion to Proceed informa pauperis on
April 19, 2007 in the Bankruptcy Court, subsequently transmitted to and tiled on May 2,
2007 in the US District Court, and to date, currently pending. Appellant Debtor Pro Se is
disabled and insolvent. Granting of this motion is critical to the substantial rights ofthe
Appellant Debtor, Pro Se, in this appeal.
APPEAL ISSUES:
1. Subj ect matter jurisdiction.
2. Matter of law, conclusions of law.
3. Legal rights, substantial rights, and liabilities of parties, persons, entities.
4. Identification and usage of ultimate truths, triable issue of fact, relevant evidence
that is material, genuine issues, and genuine issues as bona fide disputes in regards to
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Case 1:07—cv—00240-G|\/IS Document 13 Filed 10/12/2007 Page 3 of 4
liability or amount, in this appeal and case. Suppression of irrelevant material in the
Record of this appeal and case and/or false and/or inaccurate findings.
5. Usage and presentation by the appellees of frivolous and fallacious allegations
without proofs as evidence and basis, and causing substantive harm to Debtor.
6. Investigation of the existence and identification ofthe mysterious activities,
extraordinary happenings, and "findings" of "fact" in the Record and magic of fabricating
words and/or statements and/or orders that are not in the Record, and lying about what is
in the Record. Usage of same as evidence or basis. Findings or rulings of law, findings
of fact.
7. Conduct, character, motive, intent. Credibility.
8. The substance, elements, or grounds of a cause of action or defense.
9. Validity of the basis for rendering partial summary judgment denying Debtor
discharge of debt.
10. Motions filed in this Court 5 7
VV`
Dated: October 12, 2007
Andrea B. Klika
Appellant, Debtor, Pro Se
100 Belltown Terrace
Bear, DE 19701
(302) 325-1107
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Case 1 :07—cv—00240-GIVIS Document 13 Filed 10/12/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Andrea Klika, certify that I am not less than IS years of age, and that service of
the Issues was made on l0 October 2007 and l2 October 2007 by U.S. Mail and that
service made to the following:
Dilworth Paxson LLP
Jennifer L. Maleski, Esq.
3200 Mellon Bank Center
l735 Market Street
Philadelphia, PA l 9103 -75 95
[Representing U.S. Trustee George Miller]
D. Buchbinder, Esq.
Kelly B. Stapleton, Esq.
Office of the United States Trustee
J. Caleb Boggs Federal Bldg. at 844 King St.
Rm. 2207
Lockbox 3 5
Wilmington, DE l980l
[D. Buchbinder, Esq., Representing U.S. Trustee]
Under penalty of perjury, I declare that the foregoing is true and correct.
l2 October 2007 [ Q [ § Z
Date Signame
Andrea B. Klika
Appellant, Debtor, Pro Se