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Curtland H. Caffey, et al. v. Brenda K. Bowers, Chapter 7 Trustee

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-3301 · judgment February 22, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Whether a state RICO action for injuries to a Chapter 7 debtor that arises five years after the filing of the Chapter 7 petition is property of the bankruptcy estate?

  2. Whether a reasonable good faith belief that a cause of action is not property of a bankruptcy estate is a defense for violation of the automatic stay 11 U.S.C. § 362(a).

Counsel of record

For petitioner
Robert Clagett Sanders
Law Office of Robert C. Sanders

For respondent
Daniel Edgar Shuey
Vorys, Sater, Seymour and Pease LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 17 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 09 2019
    Reply of petitioners Curtland H. Caffey, et al. filed.
  4. Jun 28 2019
    Brief of respondent Brenda Bowers, Chapter 7 Trustee in opposition filed.
  5. May 23 2019
    Petition for a writ of certiorari filed. (Response due June 28, 2019)