No. 23-827

Clifton Capital Group, LLC v. Bradley Sharp

Lower Court: Ninth Circuit
Docketed: 2024-01-31
Status: Denied
Type: Paid
Response Waived
Tags: article-iii article-three-standing bankruptcy bankruptcy-appeal bankruptcy-standing chapter-11 chapter-eleven creditor creditor-rights injury-in-fact standing trustee
Key Terms:
Trademark Patent JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether a creditor has Article III standing to challenge a bankruptcy court order awarding a bonus to the former Chapter 11 trustee when the creditor alleges the order will delay its receipt of funds under the bankruptcy plan

Question Presented (from Petition)

QUESTION PRESENTED Petitioner is one of the largest creditors in the Chapter 11 bankruptcy case of East Coast Foods, Inc., manager of the famed Roscoe’s House of Chicken & Waffles restaurant. To date—approaching six years after the bankruptcy plan was has not been paid a penny on its claim. Respondent, the former Chapter 11 trustee, on the other hand, not only received payment for the services he charged the bankruptcy estate, but a substantial unwarranted bonus ordered by the bankruptcy court. Petitioner challenged the bankruptcy court’s order awarding Respondent’s bonus. As one of the largest creditors in the bankruptcy case, the plain text of the Bankruptcy Code permits Respondent as a “party in interest” to “raise” and “be heard on any issue” in the Chapter 11 proceeding. 11 U.S.C. § 109. But the court of appeals did not reach the merits of Petitioner’s appeal and instead held that Petitioner lacked standing to challenge the bankruptcy court’s order awarding Respondent’s bonus. The question presented is: If a bankruptcy plan proposes to pay creditors in full with interest, does a creditor who alleges that a bankruptcy court order will delay its receipt of funds state an injury in fact sufficient to confer Article III standing to appeal the order? @)

Docket Entries

2024-03-18
Petition DENIED.
2024-02-28
DISTRIBUTED for Conference of 3/15/2024.
2024-02-23
Waiver of right of respondent Bradley Sharp to respond filed.
2024-01-29
Petition for a writ of certiorari filed. (Response due March 1, 2024)
2023-12-17
Application (23A556) granted by Justice Kagan extending the time to file until January 29, 2024.
2023-12-13
Application (23A556) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to January 29, 2024, submitted to Justice Kagan.

Attorneys

Bradley Sharp
John Nowlan Tedford IVDanning, Gill, Israel & Krasnoff, LLP, Respondent
John Nowlan Tedford IVDanning, Gill, Israel & Krasnoff, LLP, Respondent
Clifton Capital Group, LLC
Anthony Ray BiscontiBienert Katzman Littrell Williams LLP, Petitioner
Anthony Ray BiscontiBienert Katzman Littrell Williams LLP, Petitioner