Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
1. Whether the Due Process Clause requires a debtor selling its assets under Section 363 to notify its creditors not only of the details of the sale, as required by Section 363, but also of the grounds for potential claims against the seller.
2. Whether a seller’s failure to provide potential creditors with adequate notice of a Section 363 sale deprives the good-faith purchaser of Section 363’s “free and clear” protections.
Case Updates
Cert. petition denied
April 24, 2017
U.S. Chamber supports cert. petition in bankruptcy case
January 17, 2017
The U.S. Chamber filed an amicus brief in support of a petition for certiorari seeking review of a Second Circuit decision that distorted bankruptcy and constitutional law to enable the pursuit of certain claims against General Motors LLC. The brief explains how, if allowed to stand, the Second Circuit’s decision will impose enormous and impractical burdens on companies who participate in bankruptcy sales and drive up the costs for debtors, creditors, and purchasers alike. It will hinder debtors’ ability to sell their assets quickly and deprive estates of a critical tool for maximizing creditor recovery.
This brief was filed jointly with the American Tort Reform Association.
Patrick Strawbridge and Cameron T. Norris of Consovoy McCarthy Park PLLC served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.