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Andy Luu Tran v. Herbert Jacobs

Paid petition · United States Court of Appeals for the First Circuit, No. 24-1101 · judgment July 1, 2025


Certiorari denied · October 20, 2025
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition filed soon after the judgment below, and counsel with five or more prior petitions here.

Questions presented

  1. Whether the transfer avoidance provisions of the bankruptcy code should give way to state law regarding transfers?

  2. Whether an Affidavit of Sale, resulting from a mortgage foreclosure auction, suffices to thwart an avoidance under bankruptcy law when the deed accompanying the affidavit is void under state law for lack of a notarization, and recording the affidavit in the land records without a valid deed does not result in perfection of the transfer?

Counsel of record

For petitioner
David Glenn Baker

For respondent
Jacobs F. Willis
Fidelity National Law Group

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 20 2025
    Petition DENIED.
  2. Oct 01 2025
    DISTRIBUTED for Conference of 10/17/2025.
  3. Sep 22 2025
    Waiver of right of respondent Herbert to respond filed.
  4. Aug 30 2025
    Petition for a writ of certiorari filed. (Response due October 10, 2025)