Supreme Court Report

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Allana Baroni v. CIT Bank N.A., fka OneWest Bank FSB, fka OneWest Bank NA

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56618 · judgment February 8, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a “creditor” entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?

Counsel of record

For petitioner
David Glenn Baker
Law Office of David Glenn Baker

For respondent
Brian H. Newman
Dykema Gossett, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 01 2018
    Waiver of right of respondent CIT Bank, N.A. to respond filed.
  4. Jul 17 2018
    Petition for a writ of certiorari filed. (Response due August 30, 2018)