Supreme Court Report

Supreme Court of the United States · Official docket →

Susan M. Boltz-Rubinstein v. Bank of America, N.A.

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1232 · judgment February 14, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. The first question presented is whether in an uncontested stay violation in a core proceeding under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, a purported agency relationship between a lift stay beneficiary and a mortgage servicer will be recognized as a defense to a stay violation where a contractual right to control belongs to a third party.

  2. Whether a temporal limitation on damages applies under the Bankruptcy Code’s automatic stay, 11 U.S.C. § 362.

Counsel of record

For petitioner
Eran Rubinstein
The Law Office of Eran Rubinstein

For respondent
James W. McGarry
Goodwin Procter, LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 27 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 12 2022
    Waiver of right of respondent Bank of America, N.A. to respond filed.
  4. Jun 28 2022
    Petition for a writ of certiorari filed. (Response due August 1, 2022)