General Motors LLC v. Elliott
Petition for certiorari denied on April 24, 2017| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-764 | 2d Cir. | N/A | N/A | N/A | N/A | OT 2016 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Issues: (1) Whether the due process clause requires a debtor selling its assets under Section 363 of the Bankruptcy Code to notify its creditors not only of the details of the sale, as required by Section 363, but also of the grounds for potential claims against the seller; and (2) whether a seller's failure to provide potential creditors with adequate notice of a Section 363 sale deprives the good-faith purchaser of Section 363's “free and clear” protections.
SCOTUSblog Coverage
- Petition of the day (Kate Howard, March 1, 2017)
| Date | Proceedings and Orders |
|---|---|
| Dec 13 2016 | Petition for a writ of certiorari filed. (Response due January 17, 2017) |
| Jan 3 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Jan 3 2017 | Waiver of right of respondents Participating Unitholders to respond filed. |
| Jan 6 2017 | Order extending time to file response to petition to and including February 16, 2017, for all respondents. |
| Jan 6 2017 | Waiver of right of respondents Doris Powledge Phillips, Individually and as Represenative of the Estates of Adam Powledge, Rachel Powledge, Isaac Powledge, Christian Powledge and Jacob Powledge, all deceased to respond filed. |
| Jan 17 2017 | Brief amicus curiae of The Product Liability Advisory Council, Inc. filed. |
| Jan 17 2017 | Brief amicus curiae of National Association of Manufacturers filed. |
| Jan 17 2017 | Brief amici curiae of The Chamber of Commerce of The United States of America, et al. filed. |
| Feb 16 2017 | Brief of respondent Wilmington Trust Company in opposition filed. |
| Feb 16 2017 | Brief of respondents Ignition Switch Pre-Closing Accident Plaintiffs and Groman Plaintiffs in opposition filed. |
| Feb 16 2017 | Brief of respondents Ignition Switch Plaintiffs in opposition filed. |
| Feb 16 2017 | Brief of Elliott Respondents in opposition filed. |
| Mar 7 2017 | Reply of petitioner General Motors LLC filed. |
| Mar 8 2017 | DISTRIBUTED for Conference of March 24, 2017. |
| Mar 23 2017 | Rescheduled. |
| Mar 27 2017 | DISTRIBUTED for Conference of March 31, 2017. |
| Mar 31 2017 | Rescheduled. |
| Apr 10 2017 | DISTRIBUTED for Conference of April 13, 2017. |
| Apr 12 2017 | Rescheduled. |
| Apr 17 2017 | DISTRIBUTED for Conference of April 21, 2017. |
| Apr 24 2017 | Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition. |
