Picard v. Ida Fishman Revocable Trust

Petition for certiorari denied on June 22, 2015

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Docket No. Op. Below Argument Opinion Vote Author Term
14-1129 2d Cir. N/A N/A N/A N/A OT 2014

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case, which is included without regard to the likelihood that it will be granted.

Issue: (1) Whether the “stockbroker defense” in the Bankruptcy Code, 11 U.S.C. § 546(e), applies to payments that involve only fictitious securities transactions; and (2) whether the application of the “stockbroker defense” in the Bankruptcy Code to payments that involve only fictitious securities transactions is barred as inconsistent with the Securities Investor Protection Act, 15 U.S.C. § 78fff(b).

DateProceedings and Orders (key to color coding)
Feb 24 2015Application (14A890) to extend the time to file a petition for a writ of certiorari from March 8, 2015 to April 7, 2015, submitted to Justice Ginsburg.
Feb 25 2015Application (14A890) granted by Justice Ginsburg extending the time to file until April 7, 2015.
Mar 17 2015Petition for a writ of certiorari filed. (Response due April 16, 2015)
Mar 25 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Alvin Boslow, et al.
Mar 25 2015Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party, received from counsel for petitioner Irving H. Picard, as trustee.
Apr 6 2015Order extending time to file response to petition to and including May 18, 2015, for all respondents.
Apr 13 2015Waiver of right of respondents Edmond A. Gorek and Marguerite M. Gorek to respond filed.
Apr 16 2015Motion for leave to file amici brief filed by Academics. VIDED.
Apr 16 2015Motion for leave to file amici brief filed by Certain "Net Loser" Customers. VIDED.
Apr 16 2015Motion for leave to file amicus brief filed by National Association of Bankruptcy Trustees. VIDED.
Apr 16 2015Motion for leave to file amicus brief filed by Kenneth Krys, as Liquidator and Foreign Representative of Fairfield Sentry Limited.
May 18 2015Brief of respondents Alvin Boslow, et al. in opposition filed. VIDED.
May 18 2015Brief of respondents Alexander Sirotkin, et al. in opposition filed. VIDED.
Jun 1 2015Reply of petitioner Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC filed.
Jun 2 2015DISTRIBUTED for Conference of June 18, 2015.
Jun 22 2015Motion for leave to file amicus brief filed by National Association of Bankruptcy Trustees GRANTED.
Jun 22 2015Motion for leave to file amicus brief filed by Kenneth Krys, as Liquidator and Foreign Representative of Fairfield Sentry Limited GRANTED.
Jun 22 2015Motion for leave to file amici brief filed by Academics GRANTED.
Jun 22 2015Motion for leave to file amici brief filed by Certain "Net Loser" Customers GRANTED.
Jun 22 2015Petition DENIED.
 
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