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Allana Baroni v. The Bank of New York Mellon, fka The Bank of New York

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56617 · judgment February 8, 2018

Certiorari denied · October 9, 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
Melissa L Cizmorris
Akerman LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 12 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Aug 30 2018
    Waiver of right of respondent Bank of New York Mellon to respond filed.
  4. Jul 17 2018
    Petition for a writ of certiorari filed. (Response due August 30, 2018)