Supreme Court of the United States · Official docket →
Joseph Stafiniak, et al. v. Marc Kirschner, as Trustee of the NWHI Litigation Trust, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3257, 20-3290, 20-3315, 20-3326, 20-3327, 20-3334, 20-3335, 20-3941, 20-3952, 20-3959, 20-3961, 20-3964, 20-3969, 20-3980, 20-3981, 20-3992, 20-3998 · judgment November 27, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether Section 101(22)(A) of the Bankruptcy Code, which defines a “financial institution,” should be interpreted on a contract-by-contract basis or a transfer-by-transfer basis when determining whether a transfer is exempt from avoidance under 11 U.S.C. § 546(e).
Counsel of record
For petitioner
Yehuda David Scharf
Morrison Cohen LLP
For respondent
Lawrence Saul Robbins
Friedman Kaplan Seiler Adelman & Robbins LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 13 2024Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 10 2024Waiver of right of respondent Mark Kirschner, et al. to respond filed.
- Apr 02 2024Petition for a writ of certiorari filed. (Response due May 6, 2024)