No. 22-733

Pacific Gas & Electric Company v. Ad Hoc Committee of Holders of Trade Claims

Lower Court: Ninth Circuit
Docketed: 2023-02-06
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: bankruptcy bankruptcy-code bankruptcy-practice equitable-considerations federal-rate post-petition-interest solvent-debtor statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-05-18 (distributed 2 times)
Question Presented (AI Summary)

Whether a clear statement is required for the Bankruptcy-Code to depart from past-bankruptcy-practice

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a clear statement is required for the Bankruptcy Code to depart from past bankruptcy practice. 2. Whether an uncodified “solvent debtor” exception drawn from past bankruptcy practice survives in the Code and mandates payment of post-petition interest when the debtor is solvent (notwithstanding that the Code flatly disallows post-petition interest, 11 U.S.C. 502(b)(2)), and if so whether interest accrues at the uniform federal rate specified in 11 U.S.C. 726(a)(5), or instead accrues at rates that vary depending on uncodified equitable considerations. @)

Docket Entries

2023-05-22
Petition DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-04-12
Rescheduled.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-21
Reply of petitioner Pacific Gas & Electric Company filed. (Distributed)
2023-03-08
Brief of respondent Ad Hoc Committee of Holders of Trade Claims in opposition filed.
2023-02-02
Petition for a writ of certiorari filed. (Response due March 8, 2023)
2022-11-29
Application (22A470) granted by Justice Kagan extending the time to file until February 2, 2023.
2022-11-23
Application (22A470) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to February 2, 2022, submitted to Justice Kagan.

Attorneys

Ad Hoc Committee of Holders of Trade Claims
Matthew Dempsey McGillGibson, Dunn & Crutcher LLP, Respondent
Pacific Gas & Electric Company
Zachary D. TrippWeil, Gotshal & Manges LLP, Petitioner