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City of Chicago, Illinois v. Fulton

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Docket No. Op. Below Argument Opinion Vote Author Term
19-357 7th Cir. Oct 13, 2020 Jan 14, 2021 8-0 Alito OT 2020

Holding: The mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. § 362(a)(3), which operates as a “stay” of “any act” to “exercise control” over the property of the estate.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Alito on January 14, 2021. Justice Sotomayor filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 17 2019Petition for a writ of certiorari filed. (Response due October 18, 2019)
Oct 02 2019Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
Oct 03 2019Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
Oct 17 2019Brief amicus curiae of International Municipal Lawyers' Association filed.
Nov 08 2019Brief of respondents Robbin L. Fulton, et al. in opposition filed.
Nov 25 2019Reply of petitioner City of Chicago filed.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 18 2019Petition GRANTED.
Feb 03 2020Joint appendix filed.
Feb 03 2020Brief of petitioner City of Chicago filed.
Feb 07 2020Brief amici curiae of Professors Ralph Brubaker, et al. filed.
Feb 10 2020Brief amicus curiae of United States filed.
Feb 10 2020Brief amici curiae of National Association of Counties, et al. filed.
Feb 21 2020SET FOR ARGUMENT on Monday, April 20, 2020.
Feb 26 2020Record requested from the U.S.C.A. 7th Circuit.
Feb 26 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 27 2020The record from the U.S.C.A. 7th Circuit is available on PACER; sealed portions are electronically available with the Clerk.
Mar 04 2020Brief of respondents Robbin L. Fulton, et al. filed.
Mar 10 2020Brief amici curiae of Bankruptcy Law Professors filed.
Mar 10 2020Brief amicus curiae of National Association of Chapter Thirteen Trustees filed.
Mar 10 2020Brief amicus curiae of Geraci Law LLC filed.
Mar 11 2020Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
Mar 11 2020Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Mar 11 2020Brief amici curiae of Professors John A. E. Pottow and Jay Lawrence Westbrook filed.
Mar 11 2020Amicus brief of American Civil Liberties Union, American Civil Liberties Union of Illinois, Cato Institute, Fines and Fees Justice Center, Institute for Justice, R Street Institute, Rutherford Institute not accepted for filing. (March 19, 2020 - Corrected version submitted).
Mar 11 2020Amicus brief of American Civil Liberties Union, American Civil Liberties Union of Illinois, Cato Institute, Fines and Fees Justice Center, Institute for Justice, R Street Institute, Rutherford Institute not accepted for filing (Duplicate; corrected version submitted).
Mar 11 2020Brief amici curiae of American Civil Liberties Union, et al. filed. (March 18, 2020)
Mar 19 2020CIRCULATED
Mar 23 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 31 2020Application (19A1029) of petitioner to extend the time to file a reply brief on the merits from April 3, 2020 to April 8, 2020, submitted to Justice Kavanaugh.
Apr 01 2020Application (19A1029) of petitioner granted by Justice Kavanaugh extending the time to file a reply brief on the merits until April 8, 2020.
Apr 03 2020ORAL ARGUMENT POSTPONED.
Apr 08 2020Reply of petitioner City of Chicago filed. (Distributed)
Apr 13 2020Argument to be rescheduled for the October Term 2020.
Jul 13 2020SET FOR ARGUMENT on Tuesday, October 13, 2020.
Oct 13 2020Argued. For petitioner: Craig Goldblatt, Washington, D. C.; and Colleen E. R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eugene R. Wedoff, Oak Park, Ill.
Jan 14 2021Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case. Sotomayor, J., filed a concurring opinion.
Feb 16 2021JUDGMENT ISSUED.