No. 22-214

Allana Baroni v. David Seror, Chapter 7 Trustee, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-08
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-property-title chapter-11 chapter-11-conversion chapter-7 conversion debtor-rights estate-property ninth-circuit-interpretation property statutory-interpretation title
Latest Conference: 2022-11-10
Question Presented (from Petition)

Because Congress stated in clear language that a confirmed Chapter 11 debtor retains title to property after her plan is confirmed, did the Ninth Circuit err in reading into section 1141 an exception no language in the statute supported: courts could look to the Chapter 11 plan itself to determine what happened to the debtor's property?

Question Presented (AI Summary)

What happens to a debtor's property after a Chapter 11 bankruptcy is converted to a Chapter 7 bankruptcy?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-04
Waiver of right of respondent The Bank of New York Mellon F/K/A The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., As Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pas-Through Certificates, Series 2006-AR6 to respond filed.
2022-09-06
Petition for a writ of certiorari filed. (Response due October 11, 2022)

Attorneys

Allana Baroni
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
David Seror, Chapter 7 Trustee
Steven T. GubnerBG Law LLP, Respondent
The Bank of New York Mellon F/K/A The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., As Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pas-Through Certificates, Series 2006-AR6
Justin D. BaslerTroutman Pepper Hamilton Sanders LLP, Respondent