Decided

No. 12-1200

Executive Benefits Insurance Agency v. Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.

Argued. For petitioner: Douglas Hallward-Driemeier, Washington, D. C. For respondent: John Pottow, Ann Arbor, Mich.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioner Executive Benefits Insurance Agency filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. Record from the U.S.D.C. for Western District of Washington is also electronic and located on PACER.

Brief amicus curiae of Commercial Law League of America filed. (Distributed)

Brief amicus curiae of Professors S. Todd Brown, et al. filed. (Distributed)

Brief amicus curiae of TOUSA Liquidation Trustee filed.

Brief amicus curiae of Irving H. Picard, as Trustee of the Substantively Consolidated Estate of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff filed. (Distributed)

Brief amicus curiae of National Association of Bankruptcy Trustees filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of American Bar Association filed. (Distributed)

Brief amicus curiae of the United States filed. (Distributed)

Brief amicus curiae of American College of Bankruptcy filed. (Distributed)

Brief amici curiae of States of New Hampshire, et al. filed. (Distributed)

Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)

Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)

Brief of respondent Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. filed. (Distributed)

CIRCULATED

SET FOR ARGUMENT ON Tuesday, Jaunuary 14, 2014.

Brief amici curiae of Robert R. McCormick Foundation, et al. filed.

Brief amicus curiae of NVIDIA Corporation in support of neither party filed.

Brief amicus curiae of Kerr-McGee Corporation filed.

Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed.

Brief amici curiae of Certain Tousa Defendants filed.

Brief of petitioner Executive Benefits Insurance Agency filed.

Joint appendix filed. (Statement of costs received.)

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

The time to file respondent's brief on the merits is extended to and including November 8, 2013.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2013.

Petition GRANTED.

DISTRIBUTED for Conference of June 20, 2013.

Reply of petitioner Executive Benefits Insurance Agency filed.

Brief of respondents Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. in opposition filed.

Order extending time to file response to petition to and including May 20, 2013.

Petition for a writ of certiorari filed. (Response due May 3, 2013)

Application (12A831) granted by Justice Kennedy extending the time to file until April 3, 2013.

Application (12A831) to extend the time to file a petition for a writ of certiorari from March 4, 2013 to April 3, 2013, submitted to Justice Kennedy.

Parties

Executive Benefits Insurance Agency, Petitioner, represented by Douglas Hallward-Driemeier

Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc., Respondent, represented by John A. E. Pottow

Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc., Respondent, represented by Peter H. Arkison

Amici Curiae

American Bar Association, Amicus Curiae, represented by James R. Silkenat

American College of Bankruptcy, Amicus Curiae, represented by Pierre H. Bergeron

Business Law Section of the Florida Bar, Amicus Curiae, represented by Paul Steven Singerman

Certain Tousa Defendants, Amicus Curiae, represented by Jonathan D. Hacker

Commercial Law League of America, Amicus Curiae, represented by Jeffrey T. Kuntz

Irving H. Picard, as Trustee of the Substantively Consolidated Estate of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff, Amicus Curiae, represented by David B. Rivkin Jr.

Kerr-McGee Corporation, Amicus Curiae, represented by David B. Salmons

National Association of Bankruptcy Trustees, Amicus Curiae, represented by Lynne F. Riley

National Association of Chapter Thirteen Trustees, Amicus Curiae, represented by Henry E. Hildebrand III.

NVIDIA Corporation, Amicus Curiae, represented by Mark S. Davies

Professors Richard Aaron, et al., Amicus Curiae, represented by Richard Lieb

Professors S. Todd Brown, et al., Amicus Curiae, represented by Danielle Spinelli

Robert R. McCormick Foundation, et al., Amicus Curiae, represented by Charles Fried

States of New Hampshire, et al., Amicus Curiae, represented by Anne M. Rice

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

TOUSA Liquidation Trustee, Amicus Curiae, represented by Lawrence S. Robbins

United States, Amicus Curiae, represented by Curtis Gannon

 
Last updated: February 17, 2016