Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

Deutsche Bank Trust Company Americas v. Robert R. McCormick Foundation

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-317 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 2nd Circuit correctly held – contrary to several other courts of appeals – that the presumption against federal pre-emption of state law does not apply in the bankruptcy context; (2) whether the 2nd Circuit correctly held – following the U.S. Courts of Appeals for the 3rd, 6th, and 8th Circuits, but contrary to the U.S. Courts of Appeals for the 7th and 11th Circuits – that a fraudulent transfer is exempt from avoidance under 11 U.S.C. § 546(e) when a financial institution acts as a mere conduit for fraudulently transferred property, or whether instead the safe harbor applies only when the financial institution has its own beneficial interest in the transferred property; and (3) whether the 2nd Circuit correctly held – contrary to the Supreme Court's decisions holding that it is for Congress, and not the courts, to balance the multiple purposes of the Bankruptcy Code, and that courts must therefore rely first and foremost on the text of the code – that 11 U.S.C. § 546(e) is properly construed to extend far beyond its text and impliedly pre-empt fraudulent-transfer actions brought by private parties (as opposed to the “trustee” expressly mentioned in the statute).

SCOTUSblog Coverage

DateProceedings and Orders
Sep 9 2016Petition for a writ of certiorari filed. (Response due October 12, 2016)
Sep 21 2016Order extending time to file response to petition to and including November 14, 2016, for all respondents.
Oct 24 2016Brief of respondents Susquehanna Capital Group, et al. in opposition filed.
Nov 4 2016Reply of petitioners Deutsche Bank Trust Company Americas, et al. filed.
Nov 15 2016DISTRIBUTED for Conference of December 2, 2016.
Nov 16 2016Rescheduled.
Nov 21 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 1 2016Rescheduled.
Jan 9 2017Pursuant to the Rule 29.6 corporate disclosure statement, letter received from counsel for petitioners amending the corporate disclosure statement filed.
Feb 8 2017DISTRIBUTED for Conference of February 24, 2017.
Feb 22 2017Rescheduled.
Feb 27 2017DISTRIBUTED for Conference of March 3, 2017.
Feb 27 2017Rescheduled.
Mar 13 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 13 2017Rescheduled.
Mar 20 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 20 2017Rescheduled.
Mar 27 2017DISTRIBUTED for Conference of March 31, 2017.
Mar 28 2017Rescheduled.
Apr 10 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 17 2017DISTRIBUTED for Conference of April 21, 2017.
 
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