No. 20-8

Deutsche Bank Trust Company Americas, et al. v. Robert R. McCormick Foundation, et al.

Lower Court: Second Circuit
Docketed: 2020-07-09
Status: Denied
Type: Paid
CVSGAmici (4)Relisted (2) Experienced Counsel
Tags: bankruptcy-law creditor-rights financial-institution fraudulent-transfers merit-management-group merit-management-precedent preemption
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

Whether the court of appeals correctly held that the presumption against preemption of state law does not apply to creditor-rights claims once federal bankruptcy law has been invoked

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the court of appeals correctly held, in conflict with the decisions of four other circuits and of this Court, that the presumption against preemption of state law does not apply to creditor-rights claims once federal bankruptcy law has been invoked. 2. Whether the court of appeals correctly held that laws allowing creditors to avoid certain fraudulent transfers, which long have existed in every State, are preempted because they are an obstacle to the “purposes and objectives” of 11 U.S.C. § 546(e), notwithstanding this Court’s unanimous holding in Merit Management Group, LP v. FTI Consulting, Inc., 138 8S. Ct. 883 (2018), that Section 546(e) does not have the purpose that the court of appeals ascribed to it. 3. Whether, notwithstanding the holding in Merit that Section 546(e) does not exempt fraudulent transfers from avoidance merely because a financial institution acted as a conduit, the court of appeals correctly held that Section 546(e) does exempt certain fraudulent transfers from avoidance if executed via a bank as a conduit, on the ground, left open in Merit, that the bank’s customer is itself a “financial institution.” (i)

Docket Entries

2021-04-19
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-04-01
Supplemental brief of respondents SAL Equity Trading, GP f/k/a Susquehanna Capital Group and Susquehanna Investment Group filed. (Distributed)
2021-03-31
Supplemental brief of petitioners Deutsche Bank Trust Company Americas, et al. filed. (Distributed)
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-12
Brief amicus curiae of United States filed.
2020-12-02
Motion to dismiss under Rule 46.2 GRANTED. The petition for a writ of certiorari is dismissed only with respect to the respondents identified in the motion for partial dismissal filed October 29, 2020.
2020-10-29
Motion of petitioners under Rule 46.2(a) for partial dismissal of the petition for a writ of certiorari only with respect to certain respondents.
2020-10-05
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration of this petition.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-09-08
Reply of petitioners Deutsche Bank Trust Company Americas, et al. filed. (Distributed)
2020-08-26
Brief of respondents Susquehanna Capital Group, et al. in opposition filed.
2020-08-10
Brief amici curiae of Eleven Bankruptcy Trustees filed.
2020-08-10
Brief amici curiae of Public Law Scholars filed.
2020-08-07
Brief amici curiae of Law Professors filed.
2020-07-16
Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2020, for all respondents.
2020-07-15
Motion to extend the time to file a response from August 10, 2020 to August 26, 2020, submitted to The Clerk.
2020-07-06
Petition for a writ of certiorari filed. (Response due August 10, 2020)

Attorneys

Deutsche Bank Trust Company Americas, et al.
Lawrence Saul RobbinsRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Petitioner
Lawrence Saul RobbinsRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Petitioner
Eleven Bankruptcy Trustees
Chun T. WrightLaw Offices of Chun T. Wright PLLC, Amicus
Chun T. WrightLaw Offices of Chun T. Wright PLLC, Amicus
Law Professors
Peter Vincent MarchettiThurgood Marshall School of Law, Amicus
Peter Vincent MarchettiThurgood Marshall School of Law, Amicus
Public Law Scholars
Ernest A. Young — Amicus
Ernest A. Young — Amicus
SAL Equity Trading, GP f/k/a Susquehanna Capital Group and Susquehanna Investment Group
Philip David AnkerWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Philip David AnkerWilmer Cutler Pickering Hale and Dorr LLP, Respondent
United States
Elizabeth B. PrelogarActing Solicitor General, Amicus
Elizabeth B. PrelogarActing Solicitor General, Amicus