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.
SCOTUSblog Coverage
- In Recess #3: "Third Class Webelo" (First Mondays, August 14, 2017)
- Surprise dismissal of bankruptcy case seemingly prompted by change in claim ownership (Danielle D'Onfro, August 11, 2017)
- Today's orders (Amy Howe, June 27, 2017)
- Petition of the day (Kate Howard, December 15, 2016)
| Date | Proceedings and Orders |
|---|---|
| 10/11/2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| 10/19/2016 | Waiver of right of respondent Eric M. Levin, et al. to respond filed. |
| 11/02/2016 | DISTRIBUTED for Conference of November 22, 2016. |
| 11/07/2016 | Response Requested. (Due December 7, 2016) |
| 12/02/2016 | Order extending time to file response to petition to and including December 14, 2016. |
| 12/14/2016 | Order further extending time to file response to petition to and including February 14, 2017. |
| 02/16/2017 | Order further extending time to file response to petition to and including February 28, 2017. |
| 02/28/2017 | Brief of respondents Eric M. Levin, et al. in opposition filed. |
| 03/14/2017 | Reply of petitioner PEM Entities LLC filed. |
| 03/15/2017 | DISTRIBUTED for Conference of March 31, 2017. |
| 03/27/2017 | Rescheduled. |
| 06/06/2017 | DISTRIBUTED for Conference of June 22, 2017. |
| 06/26/2017 | DISTRIBUTED for Conference of June 26, 2017. |
| 06/27/2017 | Petition GRANTED. |
| 07/21/2017 | Motion to confirm party status of Province Grande Olde Liberty, LLC filed by petitioners and counsel for Province Grande Olde Liberty, LLC. |
| 07/24/2017 | 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. |
| 07/27/2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2017. |
| 08/10/2017 | The petition for a writ of certiorari is DISMISSED as improvidently granted. |
| 08/10/2017 | Joint motion to confirm party status of PEM Entities LLC and Province Grande Olde Liberty, LLC is DISMISSED as moot. |
| 10/25/2017 | JUDGMENT ISSUED. |