Supreme Court Report

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Tamas Hampel v. Virgin Orbit Holdings, Inc.

Paid petition · United States Court of Appeals for the Third Circuit, No. 25-1702 · judgment September 26, 2025


3%
estimated cert probability
(petition-stage, structural)
At the Nov 6 conference: granted 0.13% · GVR 0.03% · relisted 2.8% · denied 97%
Granted ever, conference-stage estimate: 1.4%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Section 1144 of the Bankruptcy Code, 11 U.S.C. § 1144, permits a court to revoke a confirmation order that was “procured by fraud.” The question presented is whether a showing of “fraud” under Section 1144 requires a proof of an affirmative misstatement made with fraudulent intent, as the Third Circuit held, or may also be satisfied by omission of a material fact, as several other circuits have recognized.

Counsel of record

For petitioner
Lori Alvino McGill
University of Virginia School of Law

For respondent
Allison Spencer Mielke
Young Conaway Stargatt & Taylor

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
26A267

Proceedings

  1. Oct 14 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 09 2026
    Waiver of right of respondent Virgin Orbit Holdings Inc. to respond filed.
  3. Oct 02 2026
    Petition for a writ of certiorari filed. (Response due November 6, 2026)
  4. Aug 28 2026
    Application (26A267) granted by Justice Alito extending the time to file until October 2, 2026.
  5. Aug 23 2026
    Application (26A267) to extend the time to file a petition for a writ of certiorari from September 2, 2026 to November 1, 2026, submitted to Justice Alito.