No. 23-724

WVSV Holdings, LLC v. 10K, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2024-01-04
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: bankruptcy-code bankruptcy-estate bankruptcy-jurisdiction chapter-11-plan judicial-estoppel new-hampshire-v-maine post-petition-claim postconfirmation-jurisdiction state-law-tort state-law-tort-claim
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-05-23 (distributed 2 times)
Question Presented (AI Summary)

Whether a debtor's state law tort claim that only accrues following the bankruptcy petition date is property of the bankruptcy estate

Question Presented (from Petition)

QUESTIONS PRESENTED Whether a debtor’s state law tort claim that only accrues following the bankruptcy petition date —indeed after confirmation of the bankruptcy plan —and which did not exist prepetition is property of the bankruptcy estate pursuant to § 541(a)(1) of the Bankruptcy Code (11 U.S.C.)? Whether the bankruptcy court may exercise postconfirmation jurisdiction over state court claims when the debtor’s Chapter 11 plan expressly excluded such claims from the bankruptcy court’s jurisdiction? Whether the bankruptcy court abuses its discretion by dismissing a complaint under the doctrine of judicial estoppel when it fails to consider any of the factors set forth by the Court in New Hampshire v. Maine, 532 U.S. 742, 750 (2001) and when it applies the wrong standard of judicial review?

Docket Entries

2024-05-28
Petition DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-05-02
2024-04-17
2024-02-28
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2024, for all respondents.
2024-02-23
Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
2024-02-15
Response Requested. (Due March 18, 2024)
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-01-23
Waiver of right of respondents Leo Beus (deceased), Annette Beus, Paul Gilbert, Susan Gilbert, Randy Stolworthy, Kari Stolworthy to respond filed.
2024-01-19
Waiver of right of respondent 10K, LLC to respond filed.
2024-01-02
Petition for a writ of certiorari filed. (Response due February 5, 2024)

Attorneys

10K, LLC
Daniel Garfield DowdCohen Dowd Quigley P.C., Respondent
Daniel Garfield DowdCohen Dowd Quigley P.C., Respondent
Leo Beus (deceased), Annette Beus, Paul Gilbert, Susan Gilbert, Randy Stolworthy, Kari Stolworthy
Karl McKay WorthingtonWilenchik & Bartness, P.C., Respondent
Karl McKay WorthingtonWilenchik & Bartness, P.C., Respondent
WVSV Holdings, LLC
Florence M. BruemmerLaw Offices of Florence M. Bruemmer, PC, Petitioner
Florence M. BruemmerLaw Offices of Florence M. Bruemmer, PC, Petitioner