17 Appeals in 2022
Burch has paid some of these monetary sanctions but has repeatedly ignored our admonitions.
We conclude that additional sanctions are warranted.
Burch is hereby ordered to pay $500.00 to the clerk of this court,
and he is barred from any further filings in this court,
or any court subject to this court’s jurisdiction without first obtaining the permission of the forum court.
Burch v. Select Portfolio Servicing
JAN 24, 2022 | REPUBLISHED BY LIT: JAN 24, 2022
MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION IMPOSED; ADDITIONAL SANCTION WARNING ISSUED.
William Paul Burch appeals the district court’s dismissal for failure to pay the filing fee of his appeal of a judgment of the bankruptcy court for the Northern District of Texas. Burch has filed a motion to remand this matter to the district court, stating that he is now able to pay the filing fee.
Because the record does not establish that the district court issued a statement or indicative ruling in accordance with Federal Rule of Civil Procedure 62.1 and Federal Rule of Appellate Procedure 12.1, upon which Burch relies, Burch’s motion for remand is denied.
See Fed. R. App. P. 12.1; Fed. R. Civ. P. 62.1; cf. Moore v. Tangipahoa Par. Sch. Bd., 836 F.3d 503, 504 (5th Cir. 2016).
The motion for remand concedes that Burch does not currently meet the financial eligibility requirements to proceed IFP in this appeal.
See Fed. R. App. P. 24(a); 28 U.S.C. § 1915(a)(1); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982);
see also Burch v. Freedom Mortg. Corp. (In re Burch), 835 F. App’x 741, 749 (5th Cir.), cert. denied, 142 S. Ct. 253 (2021), rehearing denied,No. 21-5069, 2021 WL 5763451 (U.S. Dec. 6, 2021).
Furthermore, because Burch effectively has not identified any error in the dismissal without prejudice of his bankruptcy appeal for failing to pay the filing fee in the district court, he has not shown a nonfrivolous issue on appeal.
Accordingly, the motion to proceed IFP is denied, and the appeal is dismissed as frivolous.
See 5th Cir. R. 42.2; § 1915(e)(2)(B)(i).
On prior instances, we issued a sanction warning and directed Burch to review his pending appeals and withdraw any that were frivolous. Burch v. Freedom Mortg. Corp. (In re Burch), 850 F. App’x 292, 294 (5th Cir. 2021); Burch, 835 F. App’x at 749.
In a comparable recent appeal, we determined that Burch had not heeded our warnings and filed another frivolous appeal.
Burch v. America’s Servicing Co. (Matter of Burch), No. 20-11074, 2021 WL 5286563, *1 (5th Cir. Nov. 12, 2021) (unpublished).
This court imposed a sanction of $100, again warned of sanctions, and once more admonished Burch to review his pending appeals and to withdraw any frivolous ones. Id.
No. 20-11074
Because Burch has ignored these admonishments, we conclude that an additional sanction is warranted.
Burch is hereby ordered to pay $250.00 to the clerk of this court.
The clerk of this court and the clerks of all courts subject to the jurisdiction of this court are directed to return to Burch unfiled any submissions he should make until the sanction is paid in full.
Burch is again warned that additional frivolous or abusive filings in this court, the district court, or the bankruptcy court will result in the imposition of further sanctions.
Burch is once again admonished to review any pending appeals— particularly those in which he requests leave to proceed IFP from an order dismissing his bankruptcy appeal in the district court for failure to pay the filing fee and moves in this court to remand based on new financial resources—and to withdraw any appeals that are frivolous.
MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION IMPOSED; ADDITIONAL SANCTION WARNING ISSUED.
Burch v. Mullin (In re Burch), No. 22-10027
(5th Cir. Apr. 14, 2022)
Before Smith, Stewart, and Graves, Circuit Judges.
Because Burch obviously ignored this court’s admonishment, an additional sanction and warning is warranted.
Burch is hereby ORDERED to pay $100.00 to the clerk of this court.
The clerk of this court and the clerks of all courts subject to the jurisdiction of this court are directed to return to Burch unfiled any submissions he should make until the sanction is paid in full.
Burch is once again WARNED that additional frivolous or abusive filings in this court, the district court, or the bankruptcy court will result in further sanctions.
He is once again ADMONISHED to review any pending appeals and to withdraw any appeals that are frivolous.
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William Burch
April 20, 2023 at 8:31 pm
This is to clarify the sanctions by the Fifth Circuit against Burch. The Fifth Circuit evidently did not want to address the issues brought forth by Burch. These included the recusal of Judge Mullin, the strawman sale of properties by the trustee, and the fact that the liens on the properties were extinguished by the earlier bankruptcy, and the mortgage companies refused to issue a new loan. Burch, having had all his properties and income taken away from him as a result of the lies written in the motion and stated in the hearing by the attorneys (Michael Weems of HUGHES WATTERS ASKANASE LLP and Mark Stout of PADFIELD & STOUT, LLP) representing NationStar Mortgage and SPECIALIZED LOAN SERVICING, LLC which converted a Chapter 11 case that was just a few months away from closing (2 1/2 years early) to a Chapter 7 plan. Burch’s attorney had handed the case off to her friend who knew nothing about bankruptcy and had been suspended five times before by the Texas Supreme Court. The sanctions were because the court had given Burch a $100 sanction followed by a $250 sanction and said that if he didn’t pay the sanctions then the court clerks would be ordered to suspend actions on all the other cases. Burch used Covid Funds to pay the $350. Byrch was awarded a small disability income from the VA (Veterans Affairs) for action during the Vietnam War. Because the action was Top Secret the Army waited over thirty years to give the information confirming the injury. When Burch received the income he offered to pay the filing fee and have the case heard on the merits. Because Burch filed in the Fifth Circuit first rather than the District Court the Fifth Circuit dismissed the case and sanctioned Burch pointing to the prior $350 payment saying that Burch evidently had the money all along and was trying to get away with something. The total sanctions were $6850. After taking away all of Burch’s income by the bankruptcy court Burch went on Social Security and had an excess income of $5 per month. In my opinion, this points to a corrupt legal system. When a legal system accepts verbal lies and procedures over written facts simply because its banks, mortgage companies, and lawyers against a pro-se without even addressing the pro-se’s positions then we (our country) are faced with tyranny and eventual downfall.