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Bank of America, N.A. v. Toledo-Cardona

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Consolidated into: Bank of America, N.A. v. Caulkett

Docket No. Op. Below Argument Opinion Vote Author Term
14-163 11th Cir. Jun 1, 2015 TBD 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, in an opinion by Justice Thomas on June 1, 2015.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 13 2014Petition for a writ of certiorari filed. (Response due September 12, 2014)
Aug 25 2014Order extending time to file response to petition to and including October 14, 2014.
Oct 6 2014Brief of respondent Edelmiro Toledo-Cardona in opposition filed.
Oct 21 2014Reply of petitioner Bank of America, N.A. filed.
Oct 22 2014DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014DISTRIBUTED for Conference of November 14, 2014.
Nov 17 2014Petition GRANTED The petition for a writ of certiorari in No. 13-1421 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Nov 18 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from respondents David Caulkett, and Elmiro Toledo-Cardona. VIDED
Nov 21 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 9, 2015. VIDED
Nov 21 2014The time to file respondents' brief(s) on the merits is extended to and including February 17, 2015. VIDED
Dec 4 2014Motion to dispense with printing the joint appendix filed by petitioner Bank of America, N.A. VIDED.
Dec 15 2014Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED
Jan 9 2015Brief of petitioner Bank of America, N.A. filed. VIDED.
Jan 16 2015Brief amici curiae of Loan Syndications and Trading Association, et al filed. VIDED.
Jan 16 2015Brief amicus curiae of Community Bankers Association of Illinois filed. VIDED.
Feb 2 2015SET FOR ARGUMENT ON Tuesday, March 24, 2015. VIDED
Feb 3 2015Record requested from U.S.C.A. 11th Circuit.
Feb 12 2015CIRCULATED
Feb 17 2015Brief of respondent David B. Caulkett filed. VIDED. (Distributed)
Feb 19 2015Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed. VIDED. (Distributed)
Feb 23 2015Brief amici curiae of National Association of Consumer Bankruptcy Attorneys and AARP filed. VIDED. (Distributed)
Feb 23 2015Brief amicus curiae of Adam J. Levitin, Professor of Law filed. VIDED. (Distributed)
Feb 24 2015Brief amici curiae of Jerome N. Frank Legal Services Organization, et al. filed. VIDED. (Distributed)
Feb 24 2015Brief amicus curiae of NYU Law School Bankruptcy Appellate Clinic filed. VIDED. (Distributed)
Feb 24 2015Brief amici curiae of Bankruptcy Law Professors Robert M. Lawless, et al. filed. VIDED. (Distributed)
Feb 24 2015Brief amicus curiae of Professor Margaret Howard filed. VIDED. (Distributed)
Feb 24 2015Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed)
Mar 16 2015Reply of petitioner Bank of America, N.A. filed. VIDED. (Distributed)
Mar 24 2015Argued. For petitioner: Danielle Spinelli, Washington, D. C. For respondents: Stephanos Bibas, Philadelphia, Pa.
Jun 1 2015Judgment 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 2015JUDGMENT ISSUED.