In Re: Ahmed Husain Zubair

Background

Ahmed Husain Zubair, the appellant in two bankruptcy appeals, filed an emergency motion for a stay pending appeal and for a temporary stay while the court considered his motion concerning an order dismissing bankruptcy. He was proceeding without a lawyer and without paying filing fees. He stated that AmeriCredit Financial Services, doing business as GM Financial, had threatened to repossess his car. He also alleged that AmeriCredit had violated agreements by rescinding a monthly-payment contract in response to his bankruptcy filing. The motion sought to stop the repossession of his car and the liquidation or sale of his property at 90 Bruce Ave., Yonkers.

Parties and Scope of the Motion

The court noted that AmeriCredit was not a party to either appeal. It also noted that the motion named Fay Servicing, LLC, Bank of America, N.A., SN Servicing Corp., and US Bank Trust National Association as defendants, but that Bank of America, SN Servicing, and US Bank Trust were not parties to either appeal. The court therefore limited the possible relief in this order to requests against parties to the bankruptcy appeals.

Ruling

The court ordered the appellees to respond by July 16, 2021, to the extent the motion could be understood as requesting relief against a party in the appeals. The order did not grant or deny the requested emergency stay. Under 28 U.S.C. § 1915(a)(3), Judge Vincent L. Briccetti certified that any appeal from this order would not be taken in good faith and denied payment-free status for purposes of such an appeal. The court also directed its chambers to mail a copy of the order to Zubair.