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Husky International Electronics, Inc. v. Ritz

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Docket No. Op. Below Argument Opinion Vote Author Term
15-145 5th Cir. Mar 1, 2016 May 16, 2016 7-1 Sotomayor OT 2015

Holding: The term "actual fraud" in Section 523(a)(2)(A) of the Bankruptcy Code encompasses fraudulent conveyance schemes, even when those schemes do not involve a false representation.

Judgment: Reversed and remanded, 7-1, in an opinion by Justice Sotomayor on May 16, 2016. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 30 2015Petition for a writ of certiorari filed. (Response due August 31, 2015)
Aug 28 2015Order extending time to file response to petition to and including September 30, 2015.
Sep 30 2015Brief of respondent Daniel Lee Ritz, Jr. in opposition filed.
Oct 13 2015Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)
Oct 14 2015DISTRIBUTED for Conference of October 30, 2015.
Nov 2 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 6 2015Petition GRANTED.
Dec 21 2015Joint appendix filed. (Statement of costs filed)
Dec 21 2015Brief of petitioner Husky International Electronics, Inc. filed.
Dec 23 2015SET FOR ARGUMENT ON Tuesday, March 1, 2016
Dec 23 2015Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Dec 28 2015Brief amicus curiae of United States filed.
Dec 28 2015Brief amici curiae of Bankruptcy Law Professors filed.
Jan 5 2016Record requested from the U.S.C.A. 5th Circuit.
Jan 5 2016Records from the U.S.C.A. 5th Circuit, as well as U.S.D.C. Southern Dist. of Texas is electronic and located on PACER.
Jan 15 2016CIRCULATED.
Jan 15 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 20 2016Brief of respondent Daniel Lee Ritz, Jr. filed. (Distributed)
Jan 25 2016Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed)
Jan 25 2016Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)
Jan 27 2016Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)
Feb 18 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 19 2016Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)
Mar 1 2016Argued. For petitioner: Shay Dvoretzky, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Erin E. Murphy, Washington, D. C.
May 16 2016Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion.
Jun 17 2016JUDGMENT ISSUED