Supreme Court of the United States · Official docket →
Estate of Juanita Jackson, et al. v. Rubin Schron
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16462 · judgment October 19, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.
Question presented
Though bankruptcy courts are considered courts of equity, their jurisdiction is limited. This Court has held that while bankruptcy courts can adjudicate “core” proceedings, they cannot adjudicate “non-core” proceedings absent consent from all parties. Here, the bankruptcy court issued a permanent injunction extinguishing Petitioners’ non-core, state-law claims against a non-debtor. To justify its action, the bankruptcy court used the All Writs Act, which has been described by this Court as a drastic and extraordinary remedy. There is significant debate amongst courts and scholars whether bankruptcy courts can even use the All Writs Act. This Court, however, has yet to address this important issue. So the questions presented are: Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they use the Act to permanently enjoin a non-core, state-court proceeding, without the parties’ consent?
Counsel of record
For petitioner
Joanna Greber Dettloff
Wilkes & McHugh, P.A.
For respondent
Benjamin E. Rosenberg
Dechert LLP
Proceedings
- Oct 01 2018Petition DENIED.
- Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 20 2018Reply of petitioners Estate of Juanita Jackson, et al. filed. (Distributed)
- Aug 06 2018Brief of respondent Rubin Schron in opposition filed.
- Jun 29 2018Petition for a writ of certiorari filed. (Response due August 6, 2018)
- Apr 16 2018Application (17A1103) granted by Justice Thomas extending the time to file until June 29, 2018.
- Apr 10 2018Application (17A1103) to extend the time to file a petition for a writ of certiorari from May 2, 2018 to June 29, 2018, submitted to Justice Thomas.