Cannie

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

IN RE: AVA ELECTRIS CANNIE

Debtor. Bankruptcy Case No. 3:24-bk-3364-BAJ

AVA ELECTRIS CANNIE,

Appellant,

v. Case No. 3:25-cv-152-MMH

DOUGLAS W. NEWAY,

Appellee.

ORDER

THIS CAUSE is before the Court on appeal from the United States

Bankruptcy Court for the Middle District of Florida. Appellant Ava Electris

Cannie, proceeding pro se, timely appeals the United States Bankruptcy Court’s

Order Granting Trustee’s Motion to Dismiss and Dismissing Chapter 13 Case

with Prejudice (Doc. 1-1; Bankruptcy Order), entered January 13, 2025. On

April 17, 2025, Cannie filed her Initial Brief (Doc. 12; Initial Brief). Chapter 13

Standing Trustee, Douglas W. Neway (the Trustee), filed the Answer Brief of

Appellee (Doc. 16; Answer Brief) on May 7, 2025. And, on May 21, 2025, Cannie

filed her Reply & Objection Brief (Doc. 18; Reply Brief). Accordingly, this appeal

is ripe for review.

I. Background

Ava Electris Cannie has filed eight bankruptcy cases. See Hearing (Doc.

30-1; Hearing Transcript) at 50; Doc. 7-5 (Bankruptcy Court Docket) at 11. As

relevant here, Cannie filed a bankruptcy petition under Chapter 13 of the

United States Bankruptcy Code in the United States Bankruptcy Court for the

Middle District of Florida on September 15, 2022. See Voluntary Petition for

Individuals Filing for Bankruptcy (Doc. 6-7; 2022 Bankruptcy Petition) at 3, 9.

After the Bankruptcy Court denied confirmation of Cannie’s Chapter 13 plan,

see Order Denying Confirmation of Debtor’s Chapter 13 Plan and Dismissing

Case (Doc. 7-90; Confirmation Denial Order), entered November 22, 2023, at 1–

2, the court allowed Cannie to convert her case into one under Chapter 7, see

Order Converting Case from Chapter 13 to Chapter 7 and Setting Deadlines

(Doc. 7-92; Conversion Order), entered November 22, 2023, at 1. On March 5,

2024, Cannie received a Chapter 7 discharge. See Order of Discharge (Doc. 7-

178; Discharge Order) at 1. And, on September 6, 2024, the Bankruptcy Court

discharged the Trustee and closed the estate. See generally Order Approving

Account, Discharging Trustee, Canceling Bond, and Closing Estate (Doc. 7-221;

Trustee Discharge Order).

Two months later, on November 4, 2024, Cannie filed another bankruptcy

petition in the Bankruptcy Court again under Chapter 13. See Voluntary

Petition for Individuals Filing for Bankruptcy (Doc. 7-226; 2024 Bankruptcy

Petition) at 3, 9. After reviewing the record, on November 8, 2024, the

Bankruptcy Court declined to grant Cannie a Chapter 13 discharge because she

had obtained a discharge based on the 2022 Bankruptcy Petition, which she

filed on September 15, 2022. See generally Order Withholding Entry of

Discharge (Doc. 7-237; Discharge Denial Order) (explaining that 11 U.S.C. §

1328(f)(1) “prohibits the entry of a discharge in a Chapter 13 case filed within

four years of the date of filing of a prior Chapter 7, 11 or 12 case in which the

debtor received a discharge”); see Discharge Order at 1. On December 13, 2024,

Cannie filed a Second Amended Chapter 13 plan. See Second Amended Chapter

13 Plan (Doc. 7-273; Plan) at 1. The Trustee then moved to dismiss Cannie’s

case. See Trustee’s Motion to Dismiss for Bad Faith Filing; Request for Bar as

to Future Filings and Notice of Preliminary Hearing (Doc. 7-276; Motion), filed

December 16, 2024, at 1, 5. On January 9, 2025, the Bankruptcy Court held a

hearing on the Motion (the Hearing), which Cannie and others attended in

person. See Hearing Transcript at 1, 4. At the conclusion of the Hearing, the

Bankruptcy Court dismissed the case with prejudice after finding that Cannie

failed to file a confirmable plan under Chapter 13, and that she filed the case

and her Plan in bad faith. Id. at 54–55. Additionally, having also found that

Cannie had a history of initiating bankruptcy actions in multiple jurisdictions

to relitigate the same issues with no legitimate purpose to be vexatious, the

Bankruptcy Court barred Cannie from filing for bankruptcy in any bankruptcy

court for two years. Id. at 49–50, 52–54; Bankruptcy Order at 2. On January 28,

2025, Cannie appealed the Bankruptcy Court’s decision to this Court. See

Notice of Appeal and Statement of Election (Doc. 1; Notice of Appeal) at 2.

II. Jurisdiction, Standard of Review, and Issues on Appeal

This Court has jurisdiction to hear an appeal from a final judgment

entered by the Bankruptcy Court. See 28 U.S.C. § 158(a)(1). In functioning as

an appellate court, the Court reviews de novo the legal conclusions of a

bankruptcy court “but must accept the bankruptcy court’s factual findings

unless they are clearly erroneous.” See Rush v. JLJ Inc. (In re JLJ Inc.), 988

F.2d 1112, 1116 (11th Cir. 1993). And the Court reviews a bankruptcy court’s

decision to impose sanctions for an abuse of discretion. Gowdy v. Ocean Warrior,

Inc. (In re Ocean Warrior, Inc.), 835 F.3d 1310, 1315 (11th Cir. 2016).

On appeal, Cannie appears to raise the following issues: (1) whether the

Bankruptcy Court lacks jurisdiction to bar her from filing for bankruptcy in any

bankruptcy court for two years, see Initial Brief at 9, 11, 25, 28, 41, 43; Reply

Brief at 7, 23; (2) whether the Bankruptcy Court deprived her of due process,

see Initial Brief at 9–11, 13, 23, 26, 29, 39–40, 43, 45, 47, 51; Reply Brief at 7–

8, 24, 36–38; (3) whether the Bankruptcy Judge was hostile to and prejudiced

against her, see Initial Brief at 9, 18, 26, 28, 42–43, 45–47, 50; Reply Brief at

11, 17–18; and (4) whether the Bankruptcy Court should have granted Cannie

a Chapter 13 discharge, see Initial Brief at 8–9, 13, 16, 20–21, 24–25, 40–41,

52; Reply Brief at 8, 11, 14–15, 19, 22, 28–29, 33, 35, 38.1 The imposition of a

bar to filing bankruptcy petitions is a sanction reviewed for abuse of discretion.

See Dekom v. Nationstar Mortg. LLC, No. 3:20-cv-5399-MCR-MJF, 2021 WL

1061177, at *3 (N.D. Fla. Mar. 20, 2021) (citing In re Ocean Warrior, Inc., 835

F.3d at 1315).2 And a decision regarding whether a party received due process

or was entitled to discharge are determinations of law which are reviewed de

novo. Jackson v. Le Ctr. on Fourth, LLC (In re Le Ctr. on Fourth, LLC), 17 F.4th

1326, 1333 (11th Cir. 2021) (due process); ECMC v. Acosta-Conniff (In re

1 The Court notes that Federal Rule of Bankruptcy Procedure (Bankruptcy Rule(s))

8009 requires appellants to “file with the bankruptcy clerk a . . . statement of the issues to be

presented[.]” Fed. R. Bankr. P. 8009(a)(1)(A). Issues that do not appear in, or are not inferable

from, the statement of the issues are “deemed waived and will not be considered on appeal.”

Snap-On Tools, Inc. v. Freeman (In re Freeman), 956 F.2d 252, 255 (11th Cir. 1992); see also

Powers v. Chadwell Homes of Ala., LLC (In re Powers), 860 F. App’x 159, 161 n.5 (11th Cir.

2021) (finding arguments that the bankruptcy court was biased and committed fraud by not

recusing were not properly raised because appellants did not identify the failure to recuse in

their statements of issues on appeal pursuant to Bankruptcy Rule 8009(a)(1)(A)). Here,

Cannie failed to comply with Bankruptcy Rule 8009 because she did not file a statement of

the issues with the Bankruptcy Court. See generally Docs. 1–1-5. However, because Cannie is

a pro se litigant, the Court has liberally construed her other submissions, see Powers v.

Chadwell Homes of Ala., LLC, No. 1:18-cv-01452-MHH, 2019 WL 8888161, at *6 (N.D. Ala.

Sept. 16, 2019), and determined that she preserved the above issues by mentioning them in

the Notice of Appeal and Statement of the Case, see Notice of Appeal at 3; Statement of the

Case (Doc. 1-3; Statement of the Case) at 1–2. The Court will not consider any additional

issues Cannie raises in her briefs because she did not preserve them.

2 The Court notes that, although decisions of other district courts are not binding, they

may be cited as persuasive authority. See Stone v. First Union Corp., 371 F.3d 1305, 1310

(11th Cir. 2004) (noting that, “[a]lthough a district court would not be bound to follow any

other district court’s determination, the decision would have significant persuasive effects”).

Acosta-Conniff), 686 F. App’x 647, 649 (11th Cir. 2017) (per curiam)

(discharge).3

III. Discussion

As a preliminary matter, the Court notes that Cannie fails to provide

citations to the record to support the arguments she advances in her Initial and

Reply Briefs. See generally Initial Brief; Reply Brief. And she only cites a

handful of legal authorities, most of which are state court cases and none of

which are pertinent. See generally Initial Brief; Reply Brief. On this basis alone,

the Court could affirm without addressing the merits because passing

references to purported bankruptcy court errors, made without citation to legal

authority or the underlying record, are insufficient to raise the issues on appeal.

See Garcia v. Bank of Am., N.A. (In re Garcia), 725 F. App’x 911, 913 (11th Cir.

2018) (“A party fails to adequately ‘brief’ an issue—and thus abandons it—when

the party ‘does not plainly and prominently raise it,’ ‘makes only passing

references to it,’ or ‘raises it in a perfunctory manner without supporting

arguments and authority.’” (quoting Sapuppo v. Allstate Floridian Ins. Co., 739

F.3d 678, 681 (11th Cir. 2014))); Freeze v. Sec’y, Dep’t of Child. & Fams., 825 F.

App’x 606, 609 (11th Cir. 2020) (“These conclusory statements, which are

3 As the Court notes in Part III, the legal basis for Cannie’s assertions about the

bankruptcy judge’s hostility and prejudice is unclear. See generally Initial Brief; Reply Brief.

Therefore, the Court cannot discern the appropriate standard of review for this issue.

unsupported by any coherent argument, are insufficient to raise an issue for

appeal.”); see also Fed. R. Bankr. P. 8014(a)(8).

Even if Cannie had properly supported her arguments, the Bankruptcy

Order would still be due to be affirmed because her contentions are without

merit. First, Cannie contends that the Bankruptcy Court lacked jurisdiction to

bar her from filing a bankruptcy petition in any bankruptcy court for two years.

See Initial Brief at 9, 11, 25, 28, 41, 43; Reply Brief at 7, 23. Typically, a debtor

whose case is dismissed due to a willful failure to abide by court orders cannot

refile for bankruptcy for 180 days. 11 U.S.C. § 109(g)(1). However, 11 U.S.C. §

349 allows a court to deviate from the 180-day cap in § 109 “for cause[.]” 11

U.S.C. § 349(a). And bankruptcy courts have determined that there is cause to

extend the filing bar when a debtor “abus[es] the protections of the Bankruptcy

Code.” In re Smith, 536 B.R. 478, 482 (Bankr. M.D. Ala. 2015) (collecting cases);

In re Selinsky, 365 B.R. 260, 265 (Bankr. S.D. Fla. 2007) (collecting cases).

Indeed, to stop the abuse, bankruptcy courts have barred debtors from filing

bankruptcy petitions anywhere in the United States, not just in their district.

See, e.g., Dekom, 2021 WL 1061177, at *3 (“The Bankruptcy Court did not abuse

its discretion when it dismissed Dekom's case with prejudice and imposed a one-

year injunction against refiling [in any court in the United States and] under

any chapter of the Bankruptcy Code pursuant to Rule 9011, 11 U.S.C. §§ 105,

349, and its inherent authority.”); In re Brown, 319 B.R. 691, 694 (Bankr. M.D.

Ala. 2005) (“Because this case has involved a flagrant abuse of the bankruptcy

process, the Debtors are enjoined from filing a bankruptcy petition anywhere in

the United States for a period of two years from the date of this order.”); In re

Jones, 289 B.R. 436, 442 (Bankr. M.D. Ala. 2003) (“Because of the Debtor's

pattern of conduct, repeated instances of bad faith and lack of meaningful

participation in the prosecution of any of her five cases, . . . the Debtor is

enjoined from filing a bankruptcy petition anywhere in the United States for a

period of five years[.]”).

Upon review of the record, the Court concludes that the Bankruptcy Court

did not abuse its discretion in imposing a two-year filing bar on Cannie that

extended to all bankruptcy courts in the country because she abused, and has a

history of abusing, the bankruptcy process. At the Hearing, the Bankruptcy

Court found that Cannie had not satisfied any of the preconditions as outlined

in 11 U.S.C. § 1325 for confirmation of her Plan. Hearing Transcript at 48–49.

Further, it determined that Cannie was unlikely to ever file a confirmable plan

due to her low income and consistent failure to make “realistic plan payment[s]”

since 2015. Id. at 51. Additionally, it noted that, in each of her seven prior

bankruptcy actions, Cannie “filed the same motions and [raised] the same

issues over and over again” for “no legitimate purpose other than to delay and

frustrate [her] creditors.” Id. at 50; see Bankruptcy Court Docket at 11. Indeed,

the Bankruptcy Court observed that it could discern no legitimate purpose

“other than being vexatious.” Id. at 52. These findings are fully supported by

the record. See generally Transmittal of Record to District Court (Doc. 6);

Transmittal of Record to District Court (Doc. 7). While Cannie disagrees with

the findings, she fails to present any argument suggesting that they are

inaccurate. See generally Initial Brief; Reply Brief. In light of these findings,

the Bankruptcy Court had ample cause to impose the two-year bar on filing

bankruptcy petitions and certainly did not abuse its discretion in doing so.

Second, Cannie asserts that the Bankruptcy Court violated her Fifth and

Fourteenth Amendment4 due process rights by failing to provide her notice of

the nature and content of the Hearing and dismissing the case “without hearing

[her] evidence[.]”5 Initial Brief at 9–11, 13, 23, 26, 29, 39–40, 43, 45, 47, 51;

Reply Brief at 7–8, 24, 36–38.6 “[T]he central meaning of procedural due

4 The Court notes that “[t]he Fourteenth Amendment’s Due Process Clause prohibits

a state or its officials from ‘depriv[ing] any person of life, liberty, or property, without due

process of law.’” Littlejohn v. Sch. Bd., 132 F.4th 1232, 1239 (11th Cir. 2025) (alteration in

original) (emphasis added) (quoting U.S. CONST. amend. XIV § 1). Because the Bankruptcy

Court is not a state or state actor, the Fourteenth Amendment does not apply to it. Therefore,

Cannie may only bring a due process challenge under the Fifth Amendment.

5 Cannie also maintains that the Bankruptcy Court denied her due process by failing

to give her a witness list in advance of the Hearing. See Initial Brief at 16–17, 38–39, 42–43.

It is unclear why Cannie makes this argument, given that no witnesses testified at the

Hearing. See generally Hearing Transcript. Indeed, the only individuals that spoke were the

bankruptcy judge, Cannie, counsel for Cannie’s creditors, and counsel for the Trustee. See

generally id. Thus, this argument is unavailing. To the extent that she contends she was not

able to call her own expert witness, Cannie fails to show that the witness’s purported

testimony would have been allowed or that it related in any way to the issues decided by the

Bankruptcy Court at the Hearing.

6 Cannie also argues that counsel for the Trustee, John Freeman, deprived her of due

process by “deliberately try[ing]” to dismiss the case due to being overworked. See Initial Brief

at 9–14, 18–19, 37–40, 42–44, 46–47, 51; Reply Brief at 23–25, 27–28, 32–35. The Court notes

that the Fifth Amendment “appl[ies] to and restrict[s] only the Federal Government and not

process” is well established: “Parties whose rights are to be affected are entitled

to be heard; and in order that they may enjoy that right they must first be

notified.” See Fuentes v. Shevin, 407 U.S. 67, 80 (1972); see also Jordan v.

Benefits Rev. Bd. of U.S. Dep’t of Lab., 876 F.2d 1455, 1459 (11th Cir. 1989)

(“Minimum due process requires that before an individual may be deprived of

property he be given notice and an opportunity for a hearing.”); McSmith v.

Bank of Am., N.A. (In re McSmith), 671 F. App’x 775, 776 (11th Cir. 2016). Here,

Cannie received notice when the Bankruptcy Court—through the Trustee—

notified her—in a notice at the end of the Motion—that the Bankruptcy Court

would hold a hearing to address the Motion on January 9, 2025, at 10:00 AM.

See Motion at 4–5. And Cannie attended that hearing. See generally Hearing

Transcript. Notably, not only did the Bankruptcy Court give Cannie an

opportunity to be heard at the Hearing, Cannie addressed the Bankruptcy

Court at length. Id. at 23–55. Cannie expressed her view that the Motion should

be denied as premature, id. at 24, 28, her contentions regarding the invalidity

of the creditor claims, and the reasons for her myriad lawsuits, id. at 24–32. On

this record, Cannie’s contention that the Bankruptcy Court denied her due

process is completely lacking in merit.

private persons.” Pub. Utils. Comm’n v. Pollak, 343 U.S. 451, 461 (1952). Because Freeman is

a private individual, and not a government actor, the Fifth Amendment does not apply to him.

See id. Therefore, the Court will only evaluate whether the Bankruptcy Court deprived Cannie

of due process.

Third, Cannie appears to argue that the dismissal of her case should be

reversed because the Bankruptcy Judge has been hostile to, and prejudiced

against, her ever since she appealed a previous decision of his. See Initial Brief

at 9, 18, 26, 28, 42–43, 45–47, 50; Reply Brief at 11, 17–18.7 The Supreme Court

has explained that “judicial remarks . . . that are critical or disapproving of, or

even hostile to, counsel, the parties, or their cases, ordinarily do not support a

bias or partiality challenge.” Christo v. Padgett, 223 F.3d 1324, 1334 (11th Cir.

2000) (omission in original) (quoting Liteky v. United States, 510 U.S. 540, 555

(1994)). Such remarks may support a bias or partiality challenge “if they reveal

an opinion that derives from an extrajudicial source; and they will do so if they

reveal such a high degree of favoritism or antagonism as to make fair judgment

impossible.” Id. Here, Cannie does not identify any statement by the

Bankruptcy Judge that she believes exhibits hostility toward her. See generally

Initial Brief. Nor does she explain why the Bankruptcy Judge’s purported

hostility warrants reversal of the Bankruptcy Court’s decision. See generally id.

Regardless, the Court concludes that none of the Bankruptcy Judge’s comments

at the Hearing stemmed from an extrajudicial source or evinced any degree of

7 Additionally, Cannie maintains that the Deputy-in-Charge, Seth Bowe, has been

hostile, controlling, rude, disrespectful, and unprofessional to her. Initial Brief at 14, 17–19,

28, 40, 45, 47; Reply Brief 27, 34. It is unclear why Cannie believes that Bowe’s actions warrant

reversal of the Bankruptcy Order. See generally Initial Brief. Because “district courts cannot

concoct or resurrect arguments neither made nor advanced by the parties[,]” the Court will

disregard these assertions. Fils v. City of Aventura, 647 F.3d 1272, 1284 (11th Cir. 2011).

antagonism toward Cannie or favoritism toward the Trustee. See Christo, 223

F.3d at 1334; see generally Hearing Transcript. Therefore, Cannie’s attempt to

challenge the Bankruptcy Court’s Order based on the Bankruptcy Judge’s

purported impartiality fails.

Finally, as best the Court can discern, Cannie seems to contend that the

Bankruptcy Court erred in declining to grant her a Chapter 13 discharge. See

Initial Brief at 8–9, 13, 16, 20–21, 24–25, 40–41, 52; Reply Brief at 8, 11, 14–15,

19, 22, 28–29, 33, 35, 38. Chapter 13 states that a bankruptcy “court shall not

grant a discharge of all debts provided for in the plan . . . if the debtor has

received a discharge . . . in a case filed under chapter 7 . . . during the 4-year

period preceding the date of the order for relief[.]” 11 U.S.C. § 1328(f)(1).8 “The

‘four-year embargo begins on the date of filing, not the date of discharge.’” In re

Colbourne, 458 B.R. 598, 600 (Bankr. M.D. Fla. 2010) (quoting Carroll v.

Sanders (In re Sanders), 551 F.3d 397, 400 (6th Cir. 2008)). Cannie filed the

2022 Bankruptcy Petition on September 15, 2022, see 2022 Bankruptcy Petition

at 9, meaning that the four-year window does not close until September 15,

2026.9 Because this action began and ended before September 26, 2026, see

8 Where a bankruptcy petition is filed under Chapter 13 but the case is converted to a

case under Chapter 7, the case is treated as having been “filed under Chapter 7 on the same

date the Chapter 13 petition was filed.” In re Knighton, 355 B.R. 922, 926 (Bankr. M.D. Ga.

2006)

9 Despite her assertions to the contrary, Cannie acknowledges at one point in the

Initial Brief that she cannot receive a discharge until September 15, 2026. See Initial Brief at

41 (“The standard waiting period after discharge is 4 years from the date of your previous

2024 Bankruptcy Petition at 9; Bankruptcy Order at 1, § 1328 precluded Cannie

from receiving a discharge.10 Accordingly, the Bankruptcy Court did not err,

and the Bankruptcy Order is due to be affirmed.

IV. Conclusion

Having reviewed the record and the parties’ arguments, the Court finds

that the Bankruptcy Order is due to be affirmed. The Bankruptcy Court did not

abuse its discretion in imposing a two-year bar on filing bankruptcy petitions

in any bankruptcy court in the United States. And, as a matter of law, the Court

concludes that the Bankruptcy Court did not deny Cannie due process, the

Bankruptcy Judge was not hostile to Cannie or partial to the Trustee, and §

1328 barred Cannie from receiving a Chapter 13 discharge.

Accordingly, it is

ORDERED:

1. The Order Granting Trustee’s Motion to Dismiss and Dismissing

Chapter 13 Case with Prejudice (Doc. 1-1) is AFFIRMED.

filing of petition (Sept. 15, 2022) before you can file again if you want another discharge. After

Sept 15, 2026, I can refile a chapter 13 for a full discharge. If you file before 4 years has passed

and just want a payment plan like chapter 20 which is what I had, that is allowed, but you

cannot get a discharge, unless the court approves, for good cause.”). The Court questions why

Cannie knowingly advances an argument that is contrary to the law.

10 In the Reply Brief, Cannie claims that she is entitled to a discharge because she filed

this case under Chapter 20 of the Bankruptcy Code, and, unlike Chapter 13, there is no

waiting period between discharges. See, e.g., Reply Brief at 8, 22, 26. However, the record

shows that Cannie brought this action under Chapter 13, not Chapter 20. See 2024

Bankruptcy Petition at 1. Therefore, this argument is baseless.

2. All pending motions are DENIED as moot.

3. The Clerk of Court is directed to enter judgment, and close the file.

DONE AND ORDERED in Jacksonville, Florida this 26th day of May,

2026.

MARCIA MORALES HOWARD

United States District Judge

1c86

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Counsel of Record