|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1421||11th Cir.||Mar 24, 2015||Jun 1, 2015||9-0||Thomas||OT 2014|
Holding: A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under 11 U.S.C. § 506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the creditor’s claim is both secured by a lien and allowed under Section 502 of the Bankruptcy Code.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 1, 2015. Justices Kennedy, Breyer, and Sotomayor do not join the footnote.
|Date||Proceedings and Orders |
|May 23 2014||Petition for a writ of certiorari filed. (Response due June 27, 2014)|
|Jun 27 2014||Motion for leave to file amici brief filed by Loan Syndications and Trading Association, et al.|
|Jul 16 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Jul 28 2014||Response Requested . (Due August 27, 2014)|
|Aug 8 2014||Order extending time to file response to petition to and including October 6, 2014.|
|Oct 6 2014||Brief of respondent David B. Caulkett in opposition filed.|
|Oct 21 2014||Reply of petitioner Bank of America, N.A. filed. (Distributed)|
|Oct 22 2014||DISTRIBUTED for Conference of November 7, 2014.|
|Nov 10 2014||DISTRIBUTED for Conference of November 14, 2014.|
|Nov 17 2014||Motion for leave to file amici brief filed by Loan Syndications and Trading Association, et al GRANTED.|
|Nov 17 2014||Petition GRANTED The petition for a writ of certiorari in No. 14-163 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.|
|Nov 18 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from respondents David Caulkett, and Edelmiro Toledo-Cardona. VIDED|
|Nov 21 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 9, 2015. VIDED|
|Nov 21 2014||The time to file respondents' brief(s) on the merits is extended to and including February 17, 2015. VIDED|
|Dec 4 2014||Motion to dispense with printing the joint appendix filed by petitioner Bank of America, N.A. VIDED.|
|Dec 15 2014||Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED|
|Jan 9 2015||Brief of petitioner Bank of America, N.A. filed. VIDED.|
|Jan 16 2015||Brief amici curiae of Loan Syndications and Trading Association, et al filed. VIDED.|
|Jan 16 2015||Brief amicus curiae of Community Bankers Association of Illinois filed. VIDED.|
|Feb 2 2015||SET FOR ARGUMENT ON Tuesday, March 24, 2015. VIDED|
|Feb 3 2015||Record requested from U.S.C.A. 11th Circuit.|
|Feb 11 2015||Record received from U.S.D.C. Middle District of Florida. (1 Envelope)|
|Feb 12 2015||CIRCULATED|
|Feb 17 2015||Brief of respondent David B. Caulkett filed. VIDED. (Distributed)|
|Feb 19 2015||Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed. VIDED. (Distributed)|
|Feb 23 2015||Brief amici curiae of National Association of Consumer Bankruptcy Attorneys and AARP filed. VIDED. (Distributed)|
|Feb 23 2015||Brief amicus curiae of Adam J. Levitin, Professor of Law filed. VIDED. (Distributed)|
|Feb 24 2015||Brief amici curiae of Jerome N. Frank Legal Services Organization, et al. filed. VIDED. (Distributed)|
|Feb 24 2015||Brief amicus curiae of NYU Law School Bankruptcy Appellate Clinic filed. VIDED. (Distributed)|
|Feb 24 2015||Brief amici curiae of Bankruptcy Law Professors Robert M. Lawless, et al. filed. VIDED. (Distributed)|
|Feb 24 2015||Brief amicus curiae of Professor Margaret Howard filed. VIDED. (Distributed)|
|Feb 24 2015||Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed)|
|Mar 16 2015||Reply of petitioner Bank of America, N.A. filed. VIDED. (Distributed)|
|Mar 24 2015||Argued. For petitioner: Danielle Spinelli, Washington, D. C. For respondents: Stephanos Bibas, Philadelphia, Pa.|
|Jun 1 2015||Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Alito, and Kagan, JJ., joined, and in which Kennedy, Breyer, and Sotomayor, JJ., joined except as to the footnote. VIDED.|
|Jul 6 2015||JUDGMENT ISSUED.|
|Jul 21 2015||Record from U.S.D.C. Middle Dist. of Florida has been returned.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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