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HSBC Holdings PLC v. Picard

Certiorari Denied

Petition for certiorari denied on June 1, 2020.

Docket No.19-277
Op. Below2d. Cir.

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. CVSG: 4/10/2020.

Proceedings & orders timeline

May 28, 2019
Application (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, 2019
Application (18A1241) granted by Justice Ginsburg extending the time to file until August 30, 2019.
Aug 29, 2019
Petition for a writ of certiorari filed. (Response due September 30, 2019)
Sep 9, 2019
Motion to extend the time to file a response from September 30, 2019 to October 30, 2019, submitted to The Clerk.
Sep 11, 2019
Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2019.
Sep 30, 2019
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Sep 30, 2019
Brief amici curiae of Cayman Islands Government and the Government of the Virgin Islands filed.
Sep 30, 2019
Brief amici curiae of Cayman Finance and Recovery and Insolvency Specialists Association of the Cayman Islands filed.
Sep 30, 2019
Brief amicus curiae of RISA Bermuda filed.
Sep 30, 2019
Brief amici curiae of British Virgin Islands Restructuring Professionals filed.
Oct 30, 2019
Brief of respondent Securities Investor Protection Corporation in opposition filed.
Oct 30, 2019
Brief of respondent Irving H. Picard in opposition filed.
Nov 12, 2019
Reply of petitioners HSBC Holdings plc, et al. filed.
Nov 13, 2019
DISTRIBUTED for Conference of 12/6/2019.
Dec 9, 2019
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 7, 2020
Joint Letter, dated February 3, 2020, from Counsel for Petitioner Citi Hedge Fund Services Ltd. and Counsel for Respondent received.
Apr 10, 2020
Brief amicus curiae of United States filed.
Apr 15, 2020
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 28, 2020 to May 12, 2020, submitted to The Clerk.
Apr 21, 2020
Motion to delay distribution of the petition for a writ certiorari until May 12, 2020, granted.
May 12, 2020
DISTRIBUTED for Conference of 5/28/2020.
May 12, 2020
Supplemental brief of petitioners HSBC Holdings plc, et al. filed.
Jun 1, 2020
Petition DENIED.

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