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Margaret Adeline Veltre v. Fifth Third Bank

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-2889 · judgment July 19, 2018


Certiorari denied · March 4, 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.

Question presented

§547(b) of the Bankruptcy Code permits a debtor-in-possession to avoid a preferential transfer. The Bankruptcy Code defines a preferential transfer as a property transfer made within 90 days prior to a bankruptcy filing if the debtor was insolvent at the time of the transfer, if that transfer was made to a creditor on account of an antecedent debt, and if that transfer enabled the creditor to receive more than it would have received in a hypothetical Chapter 7 bankruptcy where the transfer never occurred and the creditor received payment of its debt to the extent provided by the Bankruptcy Code. In this case, a creditor of Ms. Veltre, respondent Fifth Third Bank, transferred her residence to itself by purchasing it at a sheriff’s sale. The transferred occurred within ninety days prior to Ms. Veltre’s Bankruptcy filing. The residence had a fair market value of $196,000, but was sold at sheriff sale for $90,000 to one of the debtor’s prepetition creditors. As the result of the sale the debtor’s other prepetition creditors including the IRS will receive nothing, while if the sale was set aside and the property marketed, these creditor would receive payment of their claims in full.

Counsel of record

For petitioner
David Albert Colecchia
Law Care

For respondent
John James Berry
Dinsmore & Shohl, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 04 2019
    Petition DENIED.
  2. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  3. Jan 31 2019
    Waiver of right of respondent Fifth Third Bank to respond filed.
  4. Nov 16 2018
    Petition for a writ of certiorari filed. (Response due February 15, 2019)