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.

General Motors LLC v. Elliott

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-764 2d Cir. TBD TBD TBD TBD TBD

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issues: (1) Whether the due process clause requires a debtor selling its assets under Section 363 of the Bankruptcy Code to notify its creditors not only of the details of the sale, as required by Section 363, but also of the grounds for potential claims against the seller; and (2) whether a seller's failure to provide potential creditors with adequate notice of a Section 363 sale deprives the good-faith purchaser of Section 363's “free and clear” protections.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 13 2016Petition for a writ of certiorari filed. (Response due January 17, 2017)
Jan 3 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Jan 3 2017Waiver of right of respondents Participating Unitholders to respond filed.
Jan 6 2017Order extending time to file response to petition to and including February 16, 2017, for all respondents.
Jan 6 2017Waiver of right of respondents Doris Powledge Phillips, Individually and as Represenative of the Estates of Adam Powledge, Rachel Powledge, Isaac Powledge, Christian Powledge and Jacob Powledge, all deceased to respond filed.
Jan 17 2017Brief amicus curiae of The Product Liability Advisory Council, Inc. filed.
Jan 17 2017Brief amicus curiae of National Association of Manufacturers filed.
Jan 17 2017Brief amici curiae of The Chamber of Commerce of The United States of America, et al. filed.
Feb 16 2017Brief of respondent Wilmington Trust Company in opposition filed.
Feb 16 2017Brief of respondents Ignition Switch Pre-Closing Accident Plaintiffs and Groman Plaintiffs in opposition filed.
Feb 16 2017Brief of respondents Ignition Switch Plaintiffs in opposition filed.
Feb 16 2017Brief of Elliott Respondents in opposition filed.
Mar 7 2017Reply of petitioner General Motors LLC filed.
Mar 8 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017Rescheduled.
Mar 27 2017DISTRIBUTED for Conference of March 31, 2017.
Mar 31 2017Rescheduled.
Apr 10 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 12 2017Rescheduled.
Apr 17 2017DISTRIBUTED for Conference of April 21, 2017.
 
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