Supreme Court of the United States · Official docket →
Pacific Gas & Electric Company v. Ad Hoc Committee of Holders of Trade Claims
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16043 · judgment August 29, 2022
Before the decision, about 3× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Whether a clear statement is required for the Bankruptcy Code to depart from past bankruptcy practice.
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Whether an uncodified “solvent debtor” exception drawn from past bankruptcy practice survives in the Code and mandates payment of post-petition interest when the debtor is solvent (notwithstanding that the Code flatly disallows post-petition interest, 11 U.S.C. 502(b)(2)), and if so whether interest accrues at the uniform federal rate specified in 11 U.S.C. 726(a)(5), or instead accrues at rates that vary depending on uncodified equitable considerations. (i)
Counsel of record
For petitioner
Zachary D. Tripp
Weil, Gotshal & Manges LLP
For respondent
Matthew Dempsey McGill
Gibson, Dunn & Crutcher LLP
Proceedings
- May 22 2023Petition DENIED.
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- Apr 12 2023Rescheduled.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 21 2023Reply of petitioner Pacific Gas & Electric Company filed. (Distributed)
- Mar 08 2023Brief of respondent Ad Hoc Committee of Holders of Trade Claims in opposition filed.
- Feb 02 2023Petition for a writ of certiorari filed. (Response due March 8, 2023)
- Nov 29 2022Application (22A470) granted by Justice Kagan extending the time to file until February 2, 2023.
- Nov 23 2022Application (22A470) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to February 2, 2022, submitted to Justice Kagan.