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County of Ontario, New York v. Brian Gunsalus, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3865-bk


Certiorari denied · November 21, 2022
Pre-decision estimate: 21% cert probability (95% interval 11%–36%)

Before the decision, about 5× the 4.1% base rate. The model weighted this up for a state or local-government petitioner and a circuit split argued in the petition.

Question presented

BFP v. Resolution Trust Corp., 511 U.S. 531 (1994) (“BFP”) held the auction price obtained at a mortgage foreclosure conducted in accordance with the statutory requirements of state law constitutes “reasonably equivalent value” in the context of a fraudulent conveyance action under 11 U.S.C. § 548 of the Bankruptcy Code. The question presented here is: did the Second Circuit err in refusing to extend the holding of BFP to a lawfully conducted tax foreclosure, where New York tax foreclosure law provides for ample notice, opportunity to cure and judicial oversight of the process, and where there is no evidence of a clear and manifest intent by Congress to allow 11 U.S.C. § 548 to impinge upon the important state interests in securing real estate titles and collecting real property taxes?

Counsel of record

For petitioner
Jason Sean DiPonzio
Jason S. DiPonzio, PC

For respondent
Kari A. Talbott
Legal Assistance of Western New York, Inc.

Case

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

Conference history
Distributed for 1 conference

Order
Order list, November 21, 2022 · Certiorari denied

Proceedings

  1. Nov 21 2022
    Petition DENIED.
  2. Nov 02 2022
    DISTRIBUTED for Conference of 11/18/2022.
  3. Oct 21 2022
    Waiver of right of respondent Brian Gunsalus, et al. to respond filed.
  4. Sep 26 2022
    Petition for a writ of certiorari filed. (Response due October 28, 2022)