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HSBC Holdings PLC v. Picard

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-277 2d. Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether applying Bankruptcy Code Section 550(a)(2) to permit recovery of the proceeds of a foreign transaction that occurred abroad between two foreign parties governed by foreign law constitutes a “domestic” application of Section 550(a)(2) for the purpose of an extraterritoriality analysis; and (2) Whether a bankruptcy court’s and district court’s abstentions from applying U. S. law on grounds of international comity should be reviewed for abuse of discretion, as seven circuits that reached the issue have held, or de novo, as the U.S. Court of Appeals for the 2nd Circuit held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 28 2019Application (18A1241) to extend the time to file a petition for a writ of certiorari from July 2, 2019 to August 30, 2019, submitted to Justice Ginsburg.
May 30 2019Application (18A1241) granted by Justice Ginsburg extending the time to file until August 30, 2019.
Aug 29 2019Petition for a writ of certiorari filed. (Response due September 30, 2019)
Sep 09 2019Motion to extend the time to file a response from September 30, 2019 to October 30, 2019, submitted to The Clerk.
Sep 11 2019Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2019.
Sep 30 2019Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Sep 30 2019Brief amici curiae of Cayman Islands Government and the Government of the Virgin Islands filed.
Sep 30 2019Brief amici curiae of Cayman Finance and Recovery and Insolvency Specialists Association of the Cayman Islands filed.
Sep 30 2019Brief amicus curiae of RISA Bermuda filed.
Sep 30 2019Brief amici curiae of British Virgin Islands Restructuring Professionals filed.
Oct 30 2019Brief of respondent Securities Investor Protection Corporation in opposition filed.
Oct 30 2019Brief of respondent Irving H. Picard in opposition filed.
Nov 12 2019Reply of petitioners HSBC Holdings plc, et al. filed.
Nov 13 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 09 2019The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 07 2020Joint Letter, dated February 3, 2020, from Counsel for Petitioner Citi Hedge Fund Services Ltd. and Counsel for Respondent received.
 
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