No. 23-675

Official Committee of Asbestos Claimants v. Bestwall LLC, et al.

Lower Court: Fourth Circuit
Docketed: 2023-12-22
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: 11-U.S.C-105(a) 28-U.S.C-1334(b) asbestos-liabilities bankruptcy bankruptcy-jurisdiction collusion-presumption non-debtor-injunction non-debtors related-to-jurisdiction section-105a section-1334b
Latest Conference: 2024-05-09
Related Cases: 23-702 (Vide)
Question Presented (from Petition)

1. Whether jurisdiction-conferring transactions between related business entities are subject to a presumption of collusion in violation of 28 U.S.C. § 1359.

2. Whether a bankruptcy court has "related to" jurisdiction under 28 U.S.C. § 1334(b) to enjoin claims against a non-debtor with no actual economic effect on estate assets or their distribution to creditors.

3. Whether 11 U.S.C. § 105(a) permits bankruptcy courts to issue equitable relief not expressly authorized in the Bankruptcy Code or, at a minimum, whether the Court should hold this petition for Harrington v. Purdue Pharma L.P., No. 23-124, and then grant, vacate, and remand if the Court reaches this question there.

Question Presented (AI Summary)

Whether transactions between related business entities are subject to a presumption of collusion in violation of 28-U.S.C-1359

Docket Entries

2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-10
2024-03-22
2024-01-22
2024-01-22
2024-01-09
Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2024.
2024-01-08
Motion to extend the time to file a response from January 22, 2024 to March 22, 2024, submitted to The Clerk.
2023-12-20
Petition for a writ of certiorari filed. (Response due January 22, 2024)
2023-10-24
Application (23A372) granted by The Chief Justice extending the time to file until December 20, 2023.
2023-10-20
Application (23A372) to extend the time to file a petition for a writ of certiorari from November 5, 2023 to December 20, 2023, submitted to The Chief Justice.

Attorneys

Bestwall LLC, et al.
Noel John FranciscoJones Day, Respondent
Members of Congress
Deepak GuptaGupta Wessler LLP, Amicus
North Carolina, et al.
Ryan Young ParkNorth Carolina Department of Justice, Amicus
Official Committee of Asbestos Claimants
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner