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Delaware Trust Company v. Ad Hoc Group of Senior Secured Noteholders, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20557 · judgment May 30, 2025


Certiorari denied · November 24, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a petition filed soon after the judgment below, and a business petitioner, and down for a business respondent.

Question presented

Whether Section 550(a) of the U.S. Bankruptcy Code gives a bankruptcy court discretion both to order the return of transferred property to the estate and to award the estate a monetary judgment to compensate for the decline in value of the returned property since its transfer.

Counsel of record

For petitioner
John Franklin Bash
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 24 2025
    Petition DENIED. The Chief Justice and Justice Alito took no part in the consideration or decision of this petition.
  2. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  3. Nov 04 2025
    Reply of petitioner Delaware Trust Company filed. (Distributed)
  4. Oct 20 2025
    Brief of respondents Ad Hoc Group of Senior Secured Noteholders, et al. in opposition filed.
  5. Sep 02 2025
    Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2025.
  6. Aug 29 2025
    Motion to extend the time to file a response from September 19, 2025 to October 20, 2025, submitted to The Clerk.
  7. Aug 18 2025
    Petition for a writ of certiorari filed. (Response due September 19, 2025)