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Robertson B. Cohen, Chapter 7 Trustee v. Andrea Chernushin

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1068 · judgment December 21, 2018

Certiorari denied · May 28, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the Tenth Circuit Opinion renders 11 U.S.C. § 541 subordinate to state property law and contravenes Congressional intent in enacting § 541 and the Supremacy Clause of the United States Constitution.
Whether the Tenth Circuit ignored United States Supreme Court precedent and created a circuit split by holding that a post hoc temporal and qualitative assessment in property rights can dispossess the bankruptcy estate.
Whether Fed.R.Bankr.P. 1016 has the force of a federal statute and mandates that the death of the Debtor shall not abate a liquidation case under chapter 7 of the Code.

For petitioner
Mark A. Larson
Larson Law Firm, LLC

For respondent
Michael Jason Gates
Foster Graham Milstein & Calisher, LLP

Conference history
Distributed for 1 conference

May 28 2019
Petition DENIED.
May 07 2019
DISTRIBUTED for Conference of 5/23/2019.
Apr 25 2019
Waiver of right of respondent Andrea Chernushin to respond filed.
Apr 11 2019
Petition for a writ of certiorari filed. (Response due May 15, 2019)