No. 23-721

Gayle Killilea v. Richard M. Coan, et al.

Lower Court: Second Circuit
Docketed: 2024-01-04
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2024-06-20 (distributed 2 times)
Related Cases: 23-818 (Vide)
Question Presented (AI Summary)

Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact

Question Presented (OCR Extract)

Question Presented is: 1. Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact. This case also involves whether the bankruptcy trustee may avoid the transfer of a second parcel of real estate even though the debtor did not own it. The relevant statute, 11 U.S.C. § 548, permits the avoidance of an interest of “the debtor” in property. The Court of Appeals affirmed the District Court’s conclusion that the trustee may avoid the transfer. Other courts of appeals have concluded the opposite. The second Question Presented is: 2. Whether a trustee may avoid under 11 U.S.C. § 548 the transfer of property the debtor did not own.

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-31
2024-04-03
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024, for all respondents.
2024-04-01
Response to motion to extend the time to file a response from petitioner Gayle Killilea filed.
2024-03-29
Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.
2024-03-19
Response Requested. (Due April 18, 2024)
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-23
Waiver of right of respondent Richard M. Coan, Trustee to respond filed.
2023-12-29
Petition for a writ of certiorari filed. (Response due February 5, 2024)

Attorneys

Gayle Killilea
George Eric Brunstad Jr.Dechert LLP, Petitioner
George Eric Brunstad Jr.Dechert LLP, Petitioner
Richard M. Coan, Trustee
Charles Justin CooperCooper & Kirk, PLLC, Respondent
Charles Justin CooperCooper & Kirk, PLLC, Respondent