Supreme Court of the United States · Official docket →
WVSV Holdings, LLC v. 10K, LLC, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16874 · judgment August 29, 2023
Before the decision, about 1.7× 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), and down for a business respondent.
Question presented
Whether a debtor’s state law tort claim that only accrues following the bankruptcy petition date —indeed after confirmation of the bankruptcy plan —and which did not exist prepetition is property of the bankruptcy estate pursuant to § 541(a)(1) of the Bankruptcy Code (11 U.S.C.)? Whether the bankruptcy court may exercise postconfirmation jurisdiction over state court claims when the debtor’s Chapter 11 plan expressly excluded such claims from the bankruptcy court’s jurisdiction? Whether the bankruptcy court abuses its discretion by dismissing a complaint under the doctrine of judicial estoppel when it fails to consider any of the factors set forth by the Court in New Hampshire v. Maine, 532 U.S. 742, 750 (2001) and when it applies the wrong standard of judicial review?
Counsel of record
For petitioner
Florence M. Bruemmer
Law Offices of Florence M. Bruemmer, PC
For respondent
Daniel Garfield Dowd
Cohen Dowd Quigley P.C.
Case
Conference history
Distributed for 2 conferences
Proceedings
- May 28 2024Petition DENIED.
- May 07 2024DISTRIBUTED for Conference of 5/23/2024.
- May 02 2024Reply of petitioner WVSV Holdings, LLC filed.
- Apr 17 2024Brief of respondents 10K, LLC, et al. in opposition filed.
- Feb 28 2024Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2024, for all respondents.
- Feb 23 2024Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
- Feb 15 2024Response Requested. (Due March 18, 2024)
- Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
- Jan 23 2024Waiver of right of respondents Leo Beus (deceased), Annette Beus, Paul Gilbert, Susan Gilbert, Randy Stolworthy, Kari Stolworthy to respond filed.
- Jan 19 2024Waiver of right of respondent 10K, LLC to respond filed.
- Jan 02 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)