Grede v. FCStone, LLC
Petition for certiorari denied on April 23, 2018
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 (key to color coding) |
|---|
| 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. |
| Mar 20 2018 | Brief of respondent FCStone, LLC in opposition filed. |
| Mar 30 2018 | Reply of petitioner Frederick J. Grede, not individually but as Liquidation Trustee of the Sentinel Liquidation Trust filed. |
| Apr 04 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | Petition DENIED. |
