No. 21-1059

Citibank, N.A., et al. v. Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, et al.

Lower Court: Second Circuit
Docketed: 2022-01-31
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: 11-usc-550 avoided-transfer bankruptcy bankruptcy-trustee burden-of-proof good-faith statutory-interpretation subsequent-transferee
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Whether a bankruptcy trustee seeking to recover an avoided transfer from a subsequent transferee under 11 U.S.C. 550 bears the burden of pleading and proving that the subsequent transferee did not accept the debtor's property in good faith

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a bankruptcy trustee seeking to recover an avoided transfer from a subsequent transferee under 11 U.S.C. 550 bears the burden of pleading and proving that the subsequent transferee did not accept the debtor’s property in good faith. (1)

Docket Entries

2022-02-28
Petition DENIED.
2022-02-24
Brief amici curiae of ABN AMRO Retained Custodial Services (Ireland) Limited and ABN AMRO Custodial Services (Ireland) Ltd. filed.
Main DocumentCertificate of Word CountProof of Service
2022-02-09
DISTRIBUTED for Conference of 2/25/2022.
2022-02-09
Blanket Consent filed by Petitioner, Citibank, N.A., et al.
Blanket Consent
2022-02-08
Letter from counsel for petitioners dated February 8, 2022 received.
Main Document
2022-02-03
Waiver of right of respondent Securities Investor Protection Corporation to respond filed.
Main Document
2022-02-02
Waiver of right of respondent Irving H. Picard to respond filed.
Main Document
2022-01-27
Petition for a writ of certiorari filed. (Response due March 2, 2022)
PetitionAppendixCertificate of Word CountProof of Service
2021-11-24
Application (21A169) granted by Justice Sotomayor extending the time to file until January 27, 2022.
2021-11-19
Application (21A169) to extend the time to file a petition for a writ of certiorari from November 28, 2021 to January 27, 2022, submitted to Justice Sotomayor.
Main DocumentProof of Service

Attorneys

ABN AMRO Retained Custodial Services (Ireland) Limited and ABN AMRO Custodial Services (Ireland) Ltd.
Melissa Arbus Sherry — Latham & Watkins LLP, Amicus
Citibank, N.A., et al.
Kannon K. Shanmugam — Paul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Irving H. Picard
Roy T. Englert Jr. — Robbins, Russell, Englert, Orseck & Untereiner LLP, Respondent
Securities Investor Protection Corporation
Kenneth J. Caputo — Securities Investor Protection Corporation, Respondent