Supreme Court Report

Supreme Court of the United States · Official docket →

Thomas W. McDonald, Jr., Chapter 13 Trustee v. Paul E. Wenzloff, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-2274 · judgment April 1, 2019

Certiorari denied · October 7, 2019
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

Did this Court’s ruling in Harris v. Viegelahn, 575 U.S. (2015) overrule 134 years of legal precedent established in Barton v. Barber, 104 U.S. 126 (1881) by denying standing to a Chapter 13 Trustee, after a bankruptcy case is converted to a Chapter 7 proceeding, to prohibit the Chapter 13 Trustee from litigating matters, such as fraud and malfeasance, that allegedly occurred during the administration of the Chapter 13 estate?

Counsel of record

For petitioner
Thomas Warren McDonald Jr.

For respondent
Joshua Royle Fireman
Wenzloff & Fireman, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 27 2019
    Waiver of right of respondent Wildfire Credit Union to respond filed.
  4. Aug 22 2019
    Waiver of right of respondents Joshua R. Fiireman, Paul E. Wenzloff, Wenzloff & Wnzoloff, P.L.C. to respond filed.
  5. Jun 25 2019
    Petition for a writ of certiorari filed. (Response due September 19, 2019)