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

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-8 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 2nd Circuit correctly held, in conflict with the decisions of four other U.S. courts of appeal and of the Supreme Court, that the presumption against preemption of state law does not apply to creditor-rights claims once federal bankruptcy law has been invoked; (2) whether the 2nd Circuit correctly held that laws allowing creditors to avoid certain fraudulent transfers, which long have existed in every state, are preempted because they are an obstacle to the “purposes and objectives” of 11 U.S.C. § 546(e), notwithstanding the Supreme Court’s unanimous holding in Merit Management Group, LP v. FTI Consulting Inc. that Section 546(e) does not have the purpose that the 2nd Circuit ascribed to it; and (3) whether, notwithstanding the holding in Merit that Section 546(e) does not exempt fraudulent transfers from avoidance merely because a financial institution acted as a conduit, the 2nd Circuit correctly held that Section 546(e) does exempt certain fraudulent transfers from avoidance if executed via a bank as a conduit, on the ground, left open in Merit, that the bank’s customer is itself a “financial institution.”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 06 2020Petition for a writ of certiorari filed. (Response due August 10, 2020)
Jul 15 2020Motion to extend the time to file a response from August 10, 2020 to August 26, 2020, submitted to The Clerk.
Jul 16 2020Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2020, for all respondents.
Aug 07 2020Brief amici curiae of Law Professors filed.
Aug 10 2020Brief amici curiae of Public Law Scholars filed.
Aug 10 2020Brief amici curiae of Eleven Bankruptcy Trustees filed.
Aug 26 2020Brief of respondents Susquehanna Capital Group, et al. in opposition filed.
Sep 08 2020Reply of petitioners Deutsche Bank Trust Company Americas, et al. filed. (Distributed)
Sep 09 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 05 2020The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration of this petition.
Oct 29 2020Motion of petitioners under Rule 46.2(a) for partial dismissal of the petition for a writ of certiorari only with respect to certain respondents.
Dec 02 2020Motion to dismiss under Rule 46.2 GRANTED. The petition for a writ of certiorari is dismissed only with respect to the respondents identified in the motion for partial dismissal filed October 29, 2020.
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