No. 18-920

Margaret Adeline Veltre v. Fifth Third Bank

Lower Court: Third Circuit
Docketed: 2019-01-16
Status: Denied
Type: Paid
Response Waived
Tags: antecedent-debt bankruptcy-code bankruptcy-code-section-547 bankruptcy-court chapter-7-bankruptcy circuit-split creditor-rights insolvency liquidation-value preferential-transfer property-transfer property-valuation sheriff-sale valuation
Key Terms:
SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2019-03-01
Question Presented (from Petition)

Whether the Bankruptcy Code mandates a Bankruptcy Court determine the value of property transferred to a creditor within ninety days prior to a Bankruptcy filing based only on "liquidation value", as decided by the Third and Ninth Circuits, or whether the Bankruptcy Court has discretion to use one of several valuation tests, as decided by the Eleventh Circuit.

Question Presented (AI Summary)

Whether the Bankruptcy Code mandates a Bankruptcy Court determine the value of property transferred to a creditor within ninety days prior to a Bankruptcy filing based only on 'liquidation value', as decided by the Third and Ninth Circuits, or whether the Bankruptcy Court has discretion to use one of several valuation tests, as decided by the Eleventh Circuit

Docket Entries

2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-31
Waiver of right of respondent Fifth Third Bank to respond filed.
2018-11-16
Petition for a writ of certiorari filed. (Response due February 15, 2019)

Attorneys

Fifth Third Bank
John James BerryDinsmore & Shohl, LLP, Respondent
Margaret Veltre by executor Dina Miller
David Albert ColecchiaLaw Care, Petitioner