No. 18-142

Allana Baroni v. The Bank of New York Mellon, fka The Bank of New York

Lower Court: Ninth Circuit
Docketed: 2018-07-31
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-501 bankruptcy bankruptcy-creditor bankruptcy-procedure blank-indorsement chapter-11 creditor creditor-rights deed-of-trust federal-rules-bankruptcy-procedure federal-rules-of-bankruptcy-procedure promissory-note standing
Latest Conference: 2018-10-05
Question Presented (from Petition)

When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a "creditor" entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?

Question Presented (AI Summary)

When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a 'creditor' entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?

Docket Entries

2018-10-09
Petition DENIED.
2018-09-12
DISTRIBUTED for Conference of 10/5/2018.
2018-08-30
Waiver of right of respondent Bank of New York Mellon to respond filed.
2018-07-17
Petition for a writ of certiorari filed. (Response due August 30, 2018)

Attorneys

Allana Baroni
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
Bank of New York Mellon
Melissa L CizmorrisAkerman LLP, Respondent