The U.S. Supreme Court took a look at Chrysler's bankruptcy, but decided that the issue is moot and remanded it to the
2nd Circuit Court of Appeals with instructions to dismiss the case.
In September, three Indiana pension and construction funds asked the nation's highest court to reconsider their objections
to the Chrysler bankruptcy proceedings that earlier this year resulted in the sale of most of the American automaker's
assets to an Italian company.
The case of In re: Chrysler LLC, Debtor, Indiana State Police Pension Trust, et al., v. Chrysler LLC, et al., No.
09-285, centered on the bankruptcy of Chrysler. Indiana officials claimed the sale to Italian company Fiat unfairly favored
Chrysler's unsecured stakeholders like the United Auto Workers ahead of the secured debt holders like the pension funds.
At a minimum, Indiana's funds lost $6 million in value during the bankruptcy sale, according to the state treasurer's
office.
The Indiana State Police Pension Trust, Indiana State Teachers Retirement Fund, and the Indiana Major Moves Construction
Fund joined together to request certiorari, asking the justices to decide whether bankruptcy proceedings similar to Chrysler
should be allowed in the future. The court initially stayed the bankruptcy sale in June but then allowed it to proceed. That
move to block the automaker's sale came after the 2nd Circuit Court of Appeals in New York had given it the green light.
At the time, the high court did not consider the merits of the opponents' arguments and left the door open for this certiorari
request.
The question presented is whether Section 363 of the bankruptcy code may freely be used as a "side door" to reorganize
a debtor's financial affairs without adherence to the creditor protections provided by the Chapter 11 plan-confirmation
process.
A paragraph-long summary disposition order was issued today, following the justices' final conference of the year Friday.
Justices granted certiorari but dismissed the case.
"The judgment is vacated, and the case is remanded ... with instructions to dismiss the appeal as moot," the order
says, citing the precedent of United States v. Munsingwear Inc., 340 U.S. 36 (1950). That case from the 8th Circuit
Court of Appeals involved price-fixing claims, and the Supreme Court held that the established practice of dealing with an
appeal that becomes moot while pending review is to reverse or vacate the judgment and direct that it be dismissed.














I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.