Question Presented (AI Summary)
Whether an insurer with financial responsibility for a bankruptcy claim is a 'party in interest' that may object to a Chapter 11 plan of reorganization
Question Presented (OCR Extract)
QUESTION PRESENTED Asbestos claims in state court have been plagued by rampant fraud, with claimants seeking inflated recoveries against some asbestos defendants by suppressing evidence of claims against other asbestos defendants. For nearly a decade, bankruptcy courts have sought to protect debtors and their insurers by requiring fraud-prevention measures—like ensuring access to claims information—before channeling the asbestos claims against the debtor to a trust. See 11 U.S.C. § 524(g). In this case, a Chapter 11 debtor colluded with representatives for asbestos claimants to propose and confirm a plan that includes these fraud-prevention measures only for uninsured asbestos claims—not insured asbestos claims. Petitioner is the insurer who bears the financial burden of those 14,000 insured claims. The Bankruptcy Code’s plain text empowers any “party in interest” to “raise” and “be heard on any issue” in a Chapter 11 proceeding. 11 U.S.C. § 1109(b). But the court of appeals refused to adjudicate petitioner’s objections to the fraud and collusion, relying on judge-made limitations engrafted onto the Code. The question presented is: Whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a Chapter 11 plan of reorganization.
2024-06-06
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1079new_6536.pdf'>opinion</a> of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case.
2024-03-19
Letter from the Solicitor General filed.
2024-03-19
Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington,
D. C.
2024-02-23
Reply of petitioner Truck Insurance Exchange filed. (Distributed)
2024-02-20
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
2024-02-20
Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.
2024-02-01
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
2024-01-31
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2024-01-31
Brief amicus curiae of United Policyholders filed.
2024-01-31
Brief amici curiae of Bankruptcy Experts filed.
2024-01-31
Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed.
2024-01-31
Brief amicus curiae of American Association for Justice filed.
2024-01-30
Motion for divided argument filed by respondents.
2024-01-29
Record requested from the United States Court of Appeals for the Fourth Circuit.
2024-01-29
SET FOR ARGUMENT on Tuesday, March 19, 2024.
2024-01-24
Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed.
2024-01-24
Brief of Debtor-side respondents filed.
2024-01-09
Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024.
2024-01-02
Motion for a further extension of time to file respondents' brief on the merits filed.
2023-12-14
Brief amicus curiae of United States filed.
2023-12-14
Brief amici curiae of American Property Casualty Insurance Association, et al. filed.
2023-12-13
Brief amici curiae of Anthony J. Casey, et al. filed.
2023-12-07
Joint appendix (volumes I and II) filed. (Statement of costs filed)
2023-12-07
Brief of petitioner Truck Insurance Exchange filed.
2023-11-20
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024.
2023-11-16
Motion for an extension of time to file the briefs on the merits filed by petitioner.
2023-10-13
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
2023-10-10
DISTRIBUTED for Conference of 10/13/2023.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-09-19
Reply of petitioner Truck Insurance Exchange filed. (Distributed)
2023-09-05
Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed.
2023-09-05
Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed.
2023-07-19
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents.
2023-07-18
Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk.
2023-07-07
Response Requested. (Due August 7, 2023)
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-05
Brief amici curiae of Anthony J. Casey, et al. filed.
2023-05-03
Petition for a writ of certiorari filed. (Response due June 5, 2023)