No. 23-818

Sean Dunne v. Richard M. Coan, et al.

Lower Court: Second Circuit
Docketed: 2024-01-29
Status: Denied
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: act-of-state bankruptcy-trustee comity debtor's-estate foreign-law foreign-property fraudulent-conveyance statute-of-limitations
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-06-20 (distributed 2 times)
Related Cases: 23-721 (Vide)
Question Presented (AI Summary)

Whether a bankruptcy trustee can recover property not in a debtor's estate when such real property, located in a foreign nation, was never owned by the debtor as a matter of foreign law

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. It is an issue of profound national importance that a Bankruptcy Trustee seeks to recover property not in a Debtor’s estate when such real property, located in a foreign nation (Ireland), was never owned by the Debtor as a matter of foreign (Irish) law. Under the rulings below, no property established in a trust by any United States citizen or any person who relocates to reside in the United States is safe from illegal seizure by a Bankruptcy Trustee. 2. Itis an issue of profound national importance that a Trust created in Ireland in 2005 for the benefit of estate planning is ignored in 2015 in order to assert a fraudulent conveyance claim years after the statute of limitations period for such a claim has expired (7.e. a 2015 claim cannot look back to 2005 or 2006 to challenge trusts created at that time). Under the rulings below, any trust created at any point in time in the United States or worldwide is now exposed to seizure from a trustee in bankruptcy in the United States and the limitations period under the Bankruptcy Code and state law is illusory. 3. A District Court should not leave key questions of legal or beneficial ownership and trusteeship of real property in Ireland to a lay jury. Such questions of Irish law should be determined by the Court pursuant to Federal Rule of Civil Procedure 44.1. 4. Itis an issue of profound national importance that the District Court and the Court of Appeals failed to apply the principle of comity to the Irish courts’ determination that Sean Dunne did not own any portion of Walford u after July 2005 and similarly failed to apply the Act of State doctrine to the determination of the Irish Revenue Commissioners, Irish High Court, and Irish Court of Appeals that Dunne never owned Walford.

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
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 respondent 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.
2024-01-25
Petition for a writ of certiorari filed. (Response due February 28, 2024)

Attorneys

Richard M. Coan, et al.
Charles Justin CooperCooper & Kirk, PLLC, Respondent
Charles Justin CooperCooper & Kirk, PLLC, Respondent
Timothy D MiltenbergerCohn Birnbaum & Shea, P.C., Respondent
Timothy D MiltenbergerCohn Birnbaum & Shea, P.C., Respondent
Sean Dunne
Olivera MedenicaDunnington Bartholow & Miller LLP, Petitioner
Olivera MedenicaDunnington Bartholow & Miller LLP, Petitioner