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PEM Entities LLC v. Levin

Writ of certiorari dismissed as improvidently granted on August 10, 2017.

Docket No.16-492
Op. Below4th Cir.

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.

Proceedings & orders timeline

Oct 11, 2016
Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 19, 2016
Waiver of right of respondent Eric M. Levin, et al. to respond filed.
Nov 2, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 7, 2016
Response Requested. (Due December 7, 2016)
Dec 2, 2016
Order extending time to file response to petition to and including December 14, 2016.
Dec 14, 2016
Order further extending time to file response to petition to and including February 14, 2017.
Feb 16, 2017
Order further extending time to file response to petition to and including February 28, 2017.
Feb 28, 2017
Brief of respondents Eric M. Levin, et al. in opposition filed.
Mar 14, 2017
Reply of petitioner PEM Entities LLC filed.
Mar 15, 2017
DISTRIBUTED for Conference of March 31, 2017.
Mar 27, 2017
Rescheduled.
Jun 6, 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 26, 2017
DISTRIBUTED for Conference of June 26, 2017.
Jun 27, 2017
Petition GRANTED.
Jul 21, 2017
Motion to confirm party status of Province Grande Olde Liberty, LLC filed by petitioners and counsel for Province Grande Olde Liberty, LLC.
Jul 24, 2017
Responses 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, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2017.
Aug 10, 2017
The petition for a writ of certiorari is DISMISSED as improvidently granted.
Aug 10, 2017
Joint motion to confirm party status of PEM Entities LLC and Province Grande Olde Liberty, LLC is DISMISSED as moot.
Oct 25, 2017
JUDGMENT ISSUED.

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