NextEra Energy Inc. v. Elliott Associates L.P.
Petition for certiorari denied on April 29, 2019
Issue: Whether a debtor"s decision to agree to a negotiated breakup fee as part of a sale transaction should be reviewed by the bankruptcy court under the deferential "business judgment rule" of 11 U.S.C. § 363, as the U.S. Court of Appeals for the 5th Circuit has held, or under the heightened standard of 11 U.S.C. § 503, which requires the bankruptcy court to decide on the debtor"s behalf whether the fee is necessary, as the U.S. Court of Appeals for the 3rd Circuit held below.
| Date | Proceedings and Orders |
|---|---|
| 01/18/2019 | Petition for a writ of certiorari filed. (Response due February 25, 2019) |
| 02/06/2019 | Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk. |
| 02/12/2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019, for all respondents. |
| 02/21/2019 | Brief amici curiae of National Association of Bankruptcy Trustees filed. |
| 03/27/2019 | Brief of respondents Elliott Associates, L.P., et al. in opposition filed. |
| 04/09/2019 | Reply of petitioner NextEra Energy, Inc. filed. |
| 04/10/2019 | DISTRIBUTED for Conference of 4/26/2019. |
| 04/29/2019 | Petition DENIED. |