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Tan Phan v. Minh Van Truong, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-20419 · judgment October 21, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

Does Chapter 7 bankruptcy require the nonexempt debt to be secured as a lien in order to liquidate debtors’ homestead? And if state statute conflicts with state constitution, then which law must be applied to the case at hand?

Counsel of record

For petitioner
Tan Phan

For respondent
—

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 23 2020
    Rehearing DENIED.
  2. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  3. Oct 28 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Dec 26 2019
    Petition for a writ of certiorari filed. (Response due July 9, 2020)