Supreme Court of the United States · Official docket →
George Matthew Culbertson, et ux. v. Wells Fargo USA Holdings, Inc., et al.
Paid petition · Court of Appeal of Louisiana, Second Circuit, No. 54,545-CA · judgment June 29, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Applicants put forth the following Questions Presented for this Court’s review, to wit:
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Does 50 U.S.C.A. §3936 apply to toll a state statute of limitations on a state law foreclosure action where (a) a servicemember voluntarily filed a bankruptcy petition, (b) voluntarily turned his property over to the trustee for administration, ( c) the property was abandoned by the trustee for the express purpose of foreclosure, after a contradictory hearing, and (d) the servicemember did not seek any protections of the Servicemembers Civil Relief Act in the bankruptcy court?
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Does 50 U.S.C.A. §3936 apply to toll a state statute of limitations on a pre-petition debt where the servicemember has been discharged in a Chapter 7 bankruptcy proceeding?
Counsel of record
For petitioner
William Alan Pesnell
Alan Pesnell Lawyer, LLC
For respondent
Christopher D. Meyer
Burr & Forman LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 27 2023Petition DENIED.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Feb 28 2023Waiver of right of respondents Wells Fargo USA Holdings, Inc. and Wells Fargo Bank, N.A. to respond filed.
- Jan 26 2023Petition for a writ of certiorari filed. (Response due March 1, 2023)