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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

PEM Entities LLC v. Levin

Writ of certiorari dismissed as improvidently granted on August 10, 2017.
Docket No. Op. Below Argument Opinion Vote Author Term
16-492 4th Cir. TBD TBD TBD TBD OT 2017

Issue: Whether bankruptcy courts should apply a federal rule of decision (as five circuits have held) or a state law rule of decision (as two circuits have held, expressly acknowledging a split of authority) when deciding to recharacterize a debt claim in bankruptcy as a capital contribution.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 11 2016Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 19 2016Waiver of right of respondent Eric M. Levin, et al. to respond filed.
Nov 02 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 07 2016Response Requested. (Due December 7, 2016)
Dec 02 2016Order extending time to file response to petition to and including December 14, 2016.
Dec 14 2016Order further extending time to file response to petition to and including February 14, 2017.
Feb 16 2017Order further extending time to file response to petition to and including February 28, 2017.
Feb 28 2017Brief of respondents Eric M. Levin, et al. in opposition filed.
Mar 14 2017Reply of petitioner PEM Entities LLC filed.
Mar 15 2017DISTRIBUTED for Conference of March 31, 2017.
Mar 27 2017Rescheduled.
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017DISTRIBUTED for Conference of June 26, 2017.
Jun 27 2017Petition GRANTED.
Jul 21 2017Motion to confirm party status of Province Grande Olde Liberty, LLC filed by petitioners and counsel for Province Grande Olde Liberty, LLC.
Jul 24 2017Responses or objections to the motion to confirm party status shall be filed with this Court and served upon counsel on or before August 4, 2017.
Jul 27 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2017.
Aug 10 2017The petition for a writ of certiorari is DISMISSED as improvidently granted.
Aug 10 2017Joint motion to confirm party status of PEM Entities LLC and Province Grande Olde Liberty, LLC is DISMISSED as moot.
Oct 25 2017JUDGMENT ISSUED.
 
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