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Joy Denby-Peterson v. NU2U Auto World, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-3562 · judgment October 28, 2019


Certiorari denied · January 19, 2021
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a creditor who maintains possession of property in which a bankruptcy estate has an interest violates the Bankruptcy Code’s automatic stay provision, 11 U.S.C. § 362(a), by refusing to return that property to the debtor or trustee upon receiving notice of the bankruptcy petition?

Counsel of record

For petitioner
Daniel Roy Ortiz

For respondent
David A. Snyder

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Linked docket
19A799

Proceedings

  1. Jan 19 2021
    Petition DENIED.
  2. Jan 14 2021
    DISTRIBUTED for Conference of 1/15/2021.
  3. May 26 2020
    DISTRIBUTED for Conference of 6/11/2020.
  4. Apr 16 2020
    Brief amicus curiae of Third Circuit Court-Appointed Amicus Curiae supporting neither party filed.
  5. Apr 10 2020
    Response Requested. (Due May 11, 2020)
  6. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  7. Feb 24 2020
    Petition for a writ of certiorari filed. (Response due March 27, 2020)
  8. Jan 17 2020
    Application (19A799) granted by Justice Alito extending the time to file until February 25, 2020.
  9. Jan 14 2020
    Application (19A799) to extend the time to file a petition for a writ of certiorari from January 26, 2020 to February 26, 2020, submitted to Justice Alito.