Supreme Court of the United States · Official docket →
New Products Corporation v. Thomas R. Tibble, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2258 · judgment April 24, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner New Products Corporation (“New Products”) is both an secured and unsecured creditor of Modern Plastics Corporation (“Modern Plastics”), the debtor in a Chapter 7 bankruptcy. As a secured creditor, New Products is the assignee (from Bank for America) of the first mortgage on the former Modern Plastics factory building and land. The bankruptcy trustee had custody and responsibility for the factory building for approaching five years before filing a motion, and obtaining the bankruptcy court’s permission, to abandon the property. In the interim, the Trustee failed to secure, maintain or insure the property, and only visited it once. While the property was in the Trustee’s custody, scrappers stole valuable building materials from the building. This looting caused structural damage, which allowed the elements to further damage and ultimately destroy the building. The bankruptcy court described the damage that occurred to the building during the Trustee’s custody as “shocking, if not revolting”. Nevertheless, the bankruptcy court held that the Trustee had no duty to maintain the property, and was not liable for the damage caused by his gross neglect, because (the bankruptcy court decided) the liens against the property exceeded its market value. This ruling effectively means that the Trustee has no duty to a secured creditor for damage to the secured creditor’s collateral caused by the Trustee’s failure to protect the estate property. This ruling was
Counsel of record
For petitioner
Lisa Michelle Okasinski
Demorest Law Firm, PLLC
For respondent
Conor Brendan Dugan
Warner Norcross + Judd LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 28 2018Waiver of right of respondent Laura Genovich, in her capacity as successor Chapter 7 Trustee for the Bankruptcy Estate of Modern Plastics Corporation to respond filed.
- Aug 28 2018Waiver of right of respondent Thomas R. Tibble, individually and Federal Insurance Company to respond filed.
- Jul 23 2018Petition for a writ of certiorari filed. (Response due August 30, 2018)