Supreme Court of the United States · Official docket →
Official Committee of Talc Claimants v. Whittaker, Clark & Daniels Inc, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 24-2210, 24-2211, 25-1044 · judgment April 27, 2026
(petition-stage, structural)
About 2.6× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Section 541(a)(1) of the Bankruptcy Code defines “property of the estate” to include “all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C. § 541(a)(1). “Property interests,” in turn, “are created and defined by state law.” Butner v. United States, 440 U.S. 48, 55 (1979). Accordingly, eight courts of appeals to consider the question have held that state law determines whether a creditor’s cause of action against a nondebtor third party is a property interest of the debtor and thus constitutes “property of the estate.” In this case, the Third Circuit refused to consider state law—and indeed, held that consideration of state law was “not necessary”—when it concluded that certain creditors’ claims were property of the bankruptcy estate. Pet. App. 39a n.21. The question presented is: Whether a creditor’s claim against a nondebtor third party can be “property of the estate” under 11 U.S.C. § 541(a)(1) when, before the bankruptcy, the debtor could not have asserted the claim on its own behalf under governing state law.
Counsel of record
For petitioner
Elizabeth Barchas Prelogar
Cooley LLP
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
—
Amicus briefs
7 cert-stage
Related
Vide, 26-159
Linked docket
26A86
Proceedings
- Oct 08 2026Brief amicus curiae of American Association for Justice filed.
- Oct 08 2026Brief amicus curiae of Official Committee of Unsecured Creditors in the Chapter 11 Case of Vanderbilt Minerals, LLC filed.
- Oct 08 2026Brief amicus curiae of WHEN Justice filed.
- Oct 08 2026Brief amicus curiae of Honorable Shelley C. Chapman (Ret.) filed.
- Oct 08 2026Brief amici curiae of Retired Bankruptcy Judges filed.
- Oct 08 2026Brief amici curiae of Future Claimants' Representatives filed.
- Oct 08 2026Brief amici curiae of Connecticut, et al. filed.
- Sep 14 2026Motion to extend the time to file a response is granted and the time is extended to and including November 6, 2026, for all respondents.
- Sep 11 2026Motion to extend the time to file a response from October 8, 2026 to November 6, 2026, submitted to The Clerk.
- Aug 25 2026Petition for a writ of certiorari filed. (Response due October 8, 2026)
- Jul 22 2026Application (26A86) granted by Justice Alito extending the time to file until August 25, 2026.
- Jul 14 2026Application (26A86) to extend the time to file a petition for a writ of certiorari from July 26, 2026 to August 25, 2026, submitted to Justice Alito.