PEM Entities LLC v. Levin
Writ of certiorari dismissed as improvidently granted on August 10, 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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| 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 02 2016 | DISTRIBUTED for Conference of November 22, 2016. |
| Nov 07 2016 | Response Requested. (Due December 7, 2016) |
| Dec 02 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 06 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. |
