Supreme Court Report

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Wheeler Financial, Inc. v. JPMorgan Chase Bank, N.A., et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2681, 21-2682, 21-2687, 21-2782 · judgment June 16, 2022


Certiorari denied · December 5, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Whether a lien is extinguished by operation of § 1141(c) of the Bankruptcy Code, when the lienholder did not file a proof of claim due to the debtors’ failure to provide notice of the claims bar date, and when the lienholder’s only participation in the bankruptcy case was providing oral feedback on the terms of the plan to the debtors’ counsel.

Counsel of record

For petitioner
David Rockwell Gray Jr.
Gray Law Offices, Inc.

For respondent
Paul M. Bach
Bach Law Offices

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Nov 02 2022
    Waiver of right of respondents Ramon Aguirre and Bertha Aguirre to respond filed.
  4. Nov 02 2022
    Waiver of right of respondent Respondent JPMorgan Chase Bank, N.A., incorrectly identified as J. P. Morgan Chase Bank, N. A. to respond filed.
  5. Sep 12 2022
    Petition for a writ of certiorari filed. (Response due November 28, 2022)