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Sheri Speer v. Michael Tieger, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-255 · judgment April 10, 2020


Certiorari denied · December 7, 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

Involuntary bankruptcies are rare - as they should be. They are a last resort after all state remedies have been exhausted, and are not a tool to be used in order to solve two party disputes. The questions presented are as follows: A. Is the Second Circuit's decision in conflict with In re: Matthew N. Murray (Wilk Auslender LLP v Murray) 900 F.3d 53 (2d Cir. 2018), Popular Auto, Inc. v. Reyes-Colon (In re Reyes-Colon), Nos. 17-1971, 17-1972, 2019 WL 1785039 (1st Cir. April 24, 2019) and this Court's holdings in Law v. Siegel, 571 U.S. 415, 421(2014)? B. Did the Bankruptcy Court violate the Colorado River and other Abstention Doctrines? C. Did the Bankruptcy Court lack subject matter jurisdiction to grant the involuntary petition? D. Did the Second Circuit condone a profound abuse of the involuntary bankruptcy process? (I)

Counsel of record

For petitioner
Sheri Speer

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Jun 10 2020
    Petition for a writ of certiorari filed. (Response due October 26, 2020)