No. 23-1157

Robert W. Remmert v. Briar Capital Working Fund Capital, L.L.C., as Assignee of South Coast Supply Company

Lower Court: Fifth Circuit
Docketed: 2024-04-24
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-547 avoidance-action avoidance-powers bankruptcy-estate bankruptcy-preference bankruptcy-sale estate-standing fifth-circuit res-nova standing statutory-powers
Latest Conference: 2024-06-06
Question Presented (from Petition)

Whether an avoidance action can be sold and, if so, whether the sale will confer standing on the purchaser to prosecute the avoidance action even though (i) the purchaser does not qualify as a representative of the bankruptcy estate and (ii) the purchaser will exercise statutory avoidance powers for its benefit alone.

Question Presented (AI Summary)

Whether an avoidance action can be sold and whether the sale will confer standing on the purchaser to prosecute the avoidance action

Docket Entries

2024-06-10
Petition DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-08
Waiver of right of respondent Briar Capital Working Fund Capital, L.L.C., as Assignee of South Coast Supply Company to respond filed.
2024-04-22
Petition for a writ of certiorari filed. (Response due May 24, 2024)

Attorneys

Briar Capital Working Fund Capital, L.L.C., as Assignee of South Coast Supply Company
Broocks McClure WilsonKean Miller, LLP, Respondent
Robert W. Remmert
George William Vie IIIGeorge W Vie III PC, Petitioner