Document
In re: Clinton Nurseries, Inc., 20-1209, No. 222 (2d Cir. Jul. 31, 2024)
At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 31st day of July, two thousand twenty-four,
In re: Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc., Clinton Nurseries of Florida, Inc., Triem LLC, lllllllllllllllllllllDebtors.
Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc., Clinton Nurseries of Florida, Inc., lllllllllllllllllllllDebtors - Appellants, Triem LLC, llllllllllllllllllllllDebtor,
By the Supreme Court’s Judgment filed on July 26, 2024.
The above referenced case is reinstated restoring jurisdiction to this Court.
Cite Document
In re: Clinton Nurseries, Inc., 20-1209, No. 222 (2d Cir. Jul. 31, 2024)
+ More Snippets
Document
In re: Clinton Nurseries, Inc., 20-1209, No. 221 (2d Cir. Jul. 31, 2024)
At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 31st day of July, two thousand twenty-four,
In re: Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc., Clinton Nurseries of Florida, Inc., Triem LLC, lllllllllllllllllllllDebtors.
Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc., Clinton Nurseries of Florida, Inc., lllllllllllllllllllllDebtors - Appellants, Triem LLC, llllllllllllllllllllllDebtor,
By the Supreme Court’s Judgment filed on July 26, 2024.
The above referenced case is reinstated restoring jurisdiction to this Court.
Cite Document
In re: Clinton Nurseries, Inc., 20-1209, No. 221 (2d Cir. Jul. 31, 2024)
+ More Snippets
Docket
1:19-ap-1379,
New York Southern Bankruptcy Court
(Oct. 22, 2019)
Judge Martin Glenn, presiding
Division | Manhattan |
Flags | PENAP, APPEAL |
Demand | $423785000 |
Plaintiff | MF Global Holdings, Ltd., as Plan Administrator |
Defendant | William K. Harrington, in his capacity as United States Trustee for Region 2 |
Defendant | Clifford J. White III, in his capacity as Director of the United States Trustee Program |
Cite Docket
MF Global Holdings, Ltd., as Plan Administrator v. Harrington, in his capacity as United States Trust, 1:19-ap-1379 (Bankr.S.D.N.Y.)
+ More Snippets
Document
Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust, Petitioner v. John P. Fitzgerald, III, Acting United States Trustee for Region 4, 21-441, 06-2022 (U.S. Jun. 6, 2022)
In Moyses v. Hanover Nat’l Bank, 186 U. S. 181, the Court rejected a chal- lenge to the constitutionality of the Bankruptcy Act of 1898, which per- mitted individual debtor exemptions under different state laws, ex-
This meant that, in addition to their traditional judicial function of ruling on disputed matters in adversarial proceedings, bankruptcy SIEGEL v. FITZGERALD Opinion of the Court judges dealt with an array of administrative tasks, such as appointing private trustees where appropriate; organizing creditors’ committees; supervising the filing of required re- ports, schedules, and taxes; and monitoring cases for signs of abuse and fraud.
The Court first addressed the uniformity requirement in rejecting a challenge to the constitutionality of the Bank- ruptcy Act of 1898, which permitted individual debtor ex- emptions, including homestead and wage exemptions under state laws.
In Gibbons, 455 U. S. 457, the Court struck down the Rock Island Railroad Transition and Employee Assistance Act (RITA), in which Congress altered the order of priority of claimants in a single railroad’s bankruptcy proceedings.
In sum, our precedent provides that the Bankruptcy Clause offers Congress flexibility, but does not permit the arbitrary, disparate treatment of similarly situated debtors based on geography.
Cite Document
Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust, Petitioner v. John P. Fitzgerald, III, Acting United States Trustee for Region 4, 21-441, 06-2022 (U.S. Jun. 6, 2022)
+ More Snippets
Document
Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust, Petitioner v. John P. Fitzgerald, III, Acting United States Trustee for Region 4, 21-441, Judgment REVERSED and case R...
In Moyses v. Hanover Nat’l Bank, 186 U. S. 181, the Court rejected a chal- lenge to the constitutionality of the Bankruptcy Act of 1898, which per- mitted individual debtor exemptions under different state laws, ex-
This meant that, in addition to their traditional judicial function of ruling on disputed matters in adversarial proceedings, bankruptcy SIEGEL v. FITZGERALD Opinion of the Court judges dealt with an array of administrative tasks, such as appointing private trustees where appropriate; organizing creditors’ committees; supervising the filing of required re- ports, schedules, and taxes; and monitoring cases for signs of abuse and fraud.
The Court first addressed the uniformity requirement in rejecting a challenge to the constitutionality of the Bank- ruptcy Act of 1898, which permitted individual debtor ex- emptions, including homestead and wage exemptions under state laws.
In Gibbons, 455 U. S. 457, the Court struck down the Rock Island Railroad Transition and Employee Assistance Act (RITA), in which Congress altered the order of priority of claimants in a single railroad’s bankruptcy proceedings.
In sum, our precedent provides that the Bankruptcy Clause offers Congress flexibility, but does not permit the arbitrary, disparate treatment of similarly situated debtors based on geography.
Cite Document
Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust, Petitioner v. John P. Fitzgerald, III, Acting United States Trustee for Region 4, 21-441, Judgment REVERSED and case REMAN
+ More Snippets
Docket
1:19-cv-02443,
District Of Columbia District Court
(Aug. 13, 2019)
Judge Randolph D. Moss, presiding, Magistrate Judge G. Michael Harvey (Settlement)
Civil Rights - Jobs
07/16/2021 | ... "every litigant has a powerful interest in being able to retain and consult freely with an attorney." Id. at 1119. Nonetheless, a court may restrain that exchange of information by... |
Cite Docket
SAVIGNAC et al v. JONES DAY et al, 1:19-cv-02443 (D.D.C.)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Judgment Issued, Main Document (U.S. Jul. 16, 2024)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Judgment Issued, Main Document (U.S. Jul. 16, 2024)
+ More Snippets
Document
In re: Clinton Nurseries, Inc., 20-1209, No. 241 (2d Cir. Oct. 22, 2024)
Cite Document
In re: Clinton Nurseries, Inc., 20-1209, No. 241 (2d Cir. Oct. 22, 2024)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Reply of petitioner Office of the United, Main Document (U.S. Dec. 28, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Reply of petitioner Office of the United, Main Document (U.S. Dec. 28, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Reply of petitioner Office of the United, Certificate of Word Count (U.S. Dec. 28, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Reply of petitioner Office of the United, Certificate of Word Count (U.S. Dec. 28, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of The Chamber of Commerce, Main Document (U.S. Dec. 19, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of The Chamber of Commerce, Main Document (U.S. Dec. 19, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of FORMER BANKRUPTCY JUDGES, Main Document (U.S. Dec. 18, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of FORMER BANKRUPTCY JUDGES, Main Document (U.S. Dec. 18, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of USA Sales Inc submitted, Main Document (U.S. Dec. 18, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of USA Sales Inc submitted, Main Document (U.S. Dec. 18, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of MF Global Holdings LTD, Main Document (U.S. Dec. 18, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Amicus brief of MF Global Holdings LTD, Main Document (U.S. Dec. 18, 2023)
+ More Snippets
Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Brief amicus curiae of The Chamber of, Main Document (U.S. Dec. 18, 2023)
Cite Document
Office of the United States Trustee, Petitioner v. John Q. Hammons Fall 2006, LLC, et al., 22-1238, Brief amicus curiae of The Chamber of, Main Document (U.S. Dec. 18, 2023)
+ More Snippets