In re Shugrue
| Decision Date | 26 May 1998 |
| Docket Number | Bankruptcy No. 98-10125-FM. |
| Citation | 221 BR 394 |
| Parties | In re T. Robert SHUGRUE, Debtor. |
| Court | U.S. Bankruptcy Court — Western District of Texas |
Ray Hendren, Austin, TX, Chapter 13 Trustee.
Bruce M. Wilpon, Special Asst. U.S. Atty., Austin, TX.
The Debtor, T. Robert Shugrue, who refers to himself as a "Citizen In Party" has filed a MOTION FOR THE RECUSAL OF THE JUDGE ASSIGNMENT OF AN IMPARTIAL JUDGE FOR THE RECONSIDERATION OF THE CASE BASED UPON THE FACTS AND EVIDENCE JUDICIAL NOTICE OF THE JUDICIAL MISCONDUCT DENIAL OF THE DUE PROCESS OF THE LAW in response to this Court's Order dismissing this case with prejudice to refiling entered on May 5, 1998. No hearing is necessary on the Debtor's Motion. The Court has reviewed all matters in the file and is issuing this written Memorandum Opinion so the record is clear that this Debtor has received due consideration from this Court and has received an appropriate ruling on the positions he has maintained in this case in which he represents himself.
This is a core proceeding under 28 U.S.C. § 157(b)(2) and because it is a matter which arises both in a case under Title 11 and under Title 11. It is, therefore, a matter over which this Court has the jurisdiction to enter a final order under 28 U.S.C. § 1334(a) and (b), 28 U.S.C. § 151, and the Standing Order of Reference in this District from the United States District Court.
This case was filed by the Debtor voluntarily on January 12, 1998 as a case under Chapter 13 of Title 11. The Statement of Affairs signed and sworn to under the penalties of perjury by the Debtor indicate that he is an employee of the United States Postal Service and in the calendar year 1997 had a gross income from that employment of $37,456.00. According to Schedule I — Current Income of Individual Debtor, the Debtor stated that his present gross monthly income is $2,881.24.
This is not this Debtor's first entry into Chapter 13. He filed one previous Chapter 13 case on June 21, 1994 which was assigned case No. 94-11423-FM. That case was dismissed because the Debtor had not filed his Form 1040 Individual Internal Revenue Service Tax Return for the years 1987 forward. As such, it was impossible for the Debtor to have a plan confirmed because it was impossible to determine the amount of the claim of the Internal Revenue Service. The Debtor has still not filed any income tax returns for the years 1987 through the present.
The Chapter 13 Trustee filed his Motion to Dismiss this case with prejudice on March 3, 1998 because the Debtor testified under oath at his § 341 Meeting of Creditors that he had not filed any tax returns from 1987 forward and that he did not have to file tax returns under the law. In response to that Motion, the Debtor filed a pleading entitled . In such pleading, the Debtor, among other things, claimed:
1. That he "is injured under TITLE: 42 U.S.A. CODES: SECTION: 1986 FOR KNOWLEDGE OF THE LAW AND FOR FAILURE OF NOT-STOPPING AND CORRECTING THE WRONGS OF THE BREACHES OF THE DUE PROCESS OF THE LAW . . . ";
2. That there had been "THE IMPROPER-USE OF DEBTOR: CITIZEN IN PARTY: T. Robert Shugrue AND UNDER TITLE: 42 U.S.A.: 1986 FOR THE NEGLECT OF FAILING FOR NOT-CORRECTING A WRONG OF THE PROPER-USE OF DEBTOR; CITIZEN IN PARTY T. Robert Shugrue's NAME IN ALL-UPPER-CASE: LETTERING . . . ";
3. That the IRS has no jurisdiction over him 4. That the trustee talked over and interrupted him as a citizen in party at the § 341 meeting and is, therefore, guilty of obstruction of justice and civil conspiracy.
5. A fraud has been perpetrated on him for not stopping and correcting a wrong against a citizen in party before the court; and
6. Many other things.
To these totally irrelevant and nonsensical statements which are in the form of a pleading, the Debtor attaches his definition of various words, none of which have much if anything to do with this case. Reference is made to this list of definitions so that all parties can be properly apprised of the Debtor's definition of such words as "constructive:treason", "extortion", "ransom", "equal rights", "municipal court rules", , , "tort", "argument", "policy in custom", "proper adjective", "know", and the ever confusing "hyphen".
To this pleading the Debtor also attached exhibits entitled "FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOOVEN DECISION", "AFFIDAVIT OF REVOCATION AND RECISION", and "AFFIDAVIT OF POINTS AND AUTHORITIES SUPPORTING CLAIM THAT ABSOLUTE SOVEREIGNTY IN THESE UNITED STATES OF AMERICAN RESIDES IN THE PEOPLE/CITIZENS".
Such exhibits contain allegations:
1. That the jurisdictional area of the United States is limited to the District of Columbia and its possessions and territories and that the United States apparently does not include the 50 states;
2. That the Debtor is a natural born free sovereign United States citizen and a citizen of the State of Texas;
3. That the Debtor has never been notified by the IRS that the 16th Amendment to the United States Constitution does not authorize a tax on individual citizens living and working within the "States united"; and
4. More.
Other pleadings filed by the Debtor include a general notice that the Clerk of this Court is guilty of fraud of the mails for reasons that can only be best described as fantasy. All of the Debtor's pleadings, taken both individually and together make no sense. They are gibberish.
Similar pleadings were also filed with regard to the proof of claim filed by the IRS. They make no sense either.
At the hearing on the Trustee's Motion to Dismiss on May 5, 1998, after giving the Debtor an opportunity to speak, the Court came to the rather quick and obvious conclusion that the words coming from the Debtor's mouth made no more sense than the words written on the Debtor's pleadings.
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