Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1 :08-cv-00440-JJF Document 2 Filed 07/16/2008 Page 1 of 3
IN TI-IE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
: Chapter 7
Donald A. and Theresa A. Baker, : ·
: Case No. 08-1007/'7(CSS)
_ Debtors. :
APPLELLANTS DESIGNATION OF ITEMS TO BE INCLUDED `
IN THE RECORD ON AYPEAL AND STATEMENT OF ISSUES
TO BE PRESENTED PURSUANT TO BANKRUPTCY RULE 8006
Designation of Items to be Included in the Record
Designation Reference
Number Docket No. Date tiled Document Description
I l · l/10/2008 Chapter 7 Voluntary Petition and
‘ Schedules
2 I4 2/28/2008 l Trustee’s Report 0fNo Distribution
3 17 4/7/2008 Pro Se Reafiirination Agreement
‘ with Attachments, Exhibits and
Certification of Service
4 20 4/ i 5/2008 Order Disoharging Debtors
5 22 5/7/2008 Minutes of Hearing held on
5/7/2008 with regard to
Reaftinnation Agreement and
Sign in Sheet
6 23 5/8/2008 Order Denying Approval of
Reaftimiation Agreement Between
Debtors and Ford Motor Credit
Company and Sign—In Sheet
`

Case 1 :08-cv-00440-JJF Document 2 Filed 07/16/2008 Page 2 of 3
7 24 5/29/2008 Order Approving Trustee’s Report of
No Distribution and Abandonment
Listed Thereon and Closing Case
8 25 6/9/2008 Emergency Motion to Reopen i
Chapter 7 Case and for Rule to Show
Cause for Willful Violation of a
Court Order for Wrongful
Repossession of a Motor Vehicle,
Certification of Service, Proposed
Form of Order and Notice
9 26 6/10/2008 Order on Motion to Reopen and for
Rule to Show Cause for Willful
Violation of a Court Order for
Wrongful Repossession of a Motor
Vehicle
10 27 6/10/2008 Minutes of Hearing held on
6/ l0/2008 on Motion to Reopen and
Show Cause and Sign—In Sheet
l i 28 6/ 10/2008 Opinion
12 29 6/10/2008 Order
13 31 6/20/2008 Stipulation Amending and Replacing
Exhibit "A" of the Reafiimation
Agreement Between Ford Motor .
‘ Credit Company and Theresa Ann
Baker, Exhibit "A" and Certiticate of
Service
i4 33 6/20/2008 Notice of Appeal tiled by Ford
Motor Credit Company and
Certiticate ot` Service
15 34 6/23/2008 Transcript of Hearing held on June
l0, 2008 before the Honorable
Christopher S. Sontchi
2

Case 1 :08-cv-00440-JJF Document 2 Filed 07/16/2008 Page 3 of 3
Statement of Issues to be Presented _
I. Whether the lower Court erred in concluding that debtors met their
obligations under ll U.S.C. Sections 52l(a)(6) and 362(li)?
II. Whether the lower Court erred in concluding that a Reaftirmation
Agreement signed by debtors and tiled with the Court, but later disapproved
by the Court, satisfies the requirements of ll U.S.C. Sections 52l(a)(6) and
362(ln)? ,
III. Whether the lower Court erred in concluding that the "4th Option,” upheld in
ln re Price, 370 F.3d 362 (3d Cir. 2004,) remains valid under the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
("BAPCPA”)?
IV. Whether the lower Court erred in exercising jurisdiction over and ruling
upon debtors’ Emergency Motion?
V. Whether the lower Court erred in concluding that the repossession ot
debtors’ vehicle constituted a violation of the discharge injunction?
VI. Whether the lower Court ented in concluding that Ford Motor Credit
Company was in contempt of Court?
VII. Whether the lower Court erred in directing Ford Motor Company to return
the vehicle to debtors and pay damages? -
VIII. Whether the lower Court erred by not denying debtors’ request for an award
of punitive damages with prejudice rather than without prejudice?
IX. Whether the lower Court erred by not providing Ford Motor Credit
Company adequate notice ofthe hearing on debtors’ Motion and
opportunity to be heard? `
X. Whether the lower Court erred by concluding that the zpso facto clause
contained. in the Ford Motor Credit Company Contract was unenforceable?
Dated: 6/ 3 0/ 08 BY: /s/ Stephen P. Doughty
Stephen P. Doughty, Esq. (DE Bar No. 25 82)
Hillary Veldhuis, Esq. (DE Bar No. 4794)
LYONS, DOUGHTY & VELDHUIS, PA.
l5 Ashley Place, Suite 2B
Wilmington, Delaware l980¢l
3 o

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