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Lisa Anne Henry, et al. v. Brian Weiss, Liquidation Trustee of the Walldesign Liquidating Trust, Successor in Interest to the Official Committee of Unsecured Creditors of Walldesign, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-56220, 15-56221 · judgment October 2, 2017


Certiorari denied · May 29, 2018
Pre-decision estimate: 16% cert probability (95% interval 11%–22%)

Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether a person who obtains funds from a debtor and exercises complete control over the funds, but lacks the legal authority to do so, is an “initial transferee” under Section 550(a)(1) of the Bankruptcy Code. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

Case

Conference history
Distributed for 1 conference

Linked docket
17A760

Proceedings

  1. May 29 2018
    Petition DENIED.
  2. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  3. May 08 2018
    Reply of petitioners Lisa Anne Henry, et al. filed. (Distributed)
  4. Apr 24 2018
    Brief of respondent Brian Weiss in opposition filed.
  5. Mar 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2018.
  6. Mar 19 2018
    Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
  7. Feb 28 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)
  8. Jan 19 2018
    Application (17A760) granted by Justice Kennedy extending the time to file until February 28, 2018.
  9. Jan 17 2018
    Application (17A760) to extend the time to file a petition for a writ of certiorari from February 7, 2018 to February 28, 2018, submitted to Justice Kennedy.