Grede v. FCStone, LLC

Petition for certiorari denied on April 23, 2018
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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).

SCOTUSblog Coverage

DateProceedings and Orders
Dec 19 2017Application (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 2017Application (17A662) granted by Justice Kagan extending the time to file until February 1, 2018.
Feb 01 2018Petition for a writ of certiorari filed. (Response due March 5, 2018)
Feb 13 2018Motion to extend the time to file a response from March 5, 2018 to March 20, 2018, submitted to The Clerk.
Feb 14 2018Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2018.
Mar 20 2018Brief of respondent FCStone, LLC in opposition filed.
Mar 30 2018Reply of petitioner Frederick J. Grede, not individually but as Liquidation Trustee of the Sentinel Liquidation Trust filed.
Apr 04 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018Petition DENIED.

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