No. 21-1148

SB Building Associates Limited Partnership v. Bunce Atkinson, et al.

Lower Court: Third Circuit
Docketed: 2022-02-18
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-i article-i-courts article-iii article-iii-courts bankruptcy bankruptcy-property constitutional-limitations due-process judicial-review property-rights separation-of-powers
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (from Petition)

I. May Congress consistent with Separation of
Powers principles deny Article III courts of the
power to review an Article I court's decision
allowing the sale of petitioner's bankruptcy
property?

II. Can the unconstitutional deprivation of
petitioner's property caused by the provisions of §
363(m) of the Bankruptcy Code be remedied by
requiring de novo review by an Article III court?

Question Presented (AI Summary)

Whether Congress may consistent with Separation of Powers principles deny Article III courts the power to review an Article I court's decision allowing the sale of petitioner's bankruptcy property

Docket Entries

2022-04-18
Petition DENIED.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-09
Waiver of right of respondent Iron Mountain Information Management, LLC to respond filed.
2022-02-22
Waiver of right of respondents Leon Kitovsky and CF Warehouse LLC to respond filed.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 21, 2022)

Attorneys

Iron Mountain Information Management, LLC
Edward T. KoleWilentz, Goldman & Spitzer, Respondent
Leon Kitovsky and CF Warehouse LLC
Matthew Nis LeerbergFox Rothschild LLP, Respondent
SB Building Associates Limited Partnership
Dennis P. Derrick — Petitioner