Issues: (1) Whether, in mass financial fraud bankruptcy and federal receivership cases, all victims of a debtor’s fraud should share equally in the distribution of commingled funds (a) without regarding to whether an individual creditor has attempted to pursue a trust remedy against such funds or has elected to rely on the trustee to recover and distribute the recovered funds equally to all creditors; and (b) even where “actual tracing” is possible; and (2) whether 11 U.S.C. § 546(e), which neither expressly nor implicitly pre-empts state law causes of action brought outside of bankruptcy cases, pre-empts a trustee from asserting a state law cause of action that is assigned to the trustee by creditors under the theory that the state law claim constitutes an “end run” around 11 U.S.C. § 546(e).
|Date||Proceedings and Orders|
|Dec 19 2017||Application (17A662) to extend the time to file a petition for a writ of certiorari from December 31, 2017 to February 1, 2018, submitted to Justice Kagan.|
|Dec 20 2017||Application (17A662) granted by Justice Kagan extending the time to file until February 1, 2018.|
|Feb 01 2018||Petition for a writ of certiorari filed. (Response due March 5, 2018)|
|Feb 13 2018||Motion to extend the time to file a response from March 5, 2018 to March 20, 2018, submitted to The Clerk.|
|Feb 14 2018||Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2018.|