Lamar, Archer & Cofrin, LLP v. Appling
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1215 | 11th Cir. | Apr 17, 2018 | Jun 4, 2018 | 9-0 | Sotomayor | OT 2017 |
Holding: Single-asset statements qualify as “statement[s] respecting the debtor’s . . . financial condition” for purposes of Bankruptcy Code §523(a)(2)’s exceptions to discharge; where, as here, a single-asset statement is not in writing, the associated debt may be discharged.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on June 4, 2018. Justices Thomas, Alito, and Gorsuch joined the opinion as to all but Part III-B.
SCOTUSblog Coverage
- Opinion analysis: Justices confirm that “respecting” means “relating to” in the Bankruptcy Code (Danielle D'Onfro, June 5, 2018)
- A "view" from the courtroom: Justice Kennedy’s Master-pièce de résistance (Mark Walsh, June 4, 2018)
- Argument analysis: When neither baseball nor Vermeer analogies persuade the court (Danielle D'Onfro, April 18, 2018)
- Argument preview: Court to decide whether Bankruptcy Code protects dishonest debtors (Danielle D'Onfro, April 10, 2018)
- Court bulks up this term’s docket (UPDATED) (Amy Howe, January 12, 2018)
- Petition of the day (Aurora Barnes, June 20, 2017)
| Date | Proceedings and Orders |
|---|---|
| Apr 11 2017 | Petition for a writ of certiorari filed. (Response due May 11, 2017) |
| May 05 2017 | Order extending time to file response to petition to and including May 25, 2017. |
| May 25 2017 | Brief of respondent R. Scott Appling in opposition filed. |
| May 30 2017 | DISTRIBUTED for Conference of June 15, 2017. |
| May 31 2017 | Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed) |
| Jun 19 2017 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Nov 09 2017 | Brief amicus curiae of United States filed. |
| Nov 29 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Dec 01 2017 | Supplemental brief of respondent R. Scott Appling filed. (Distributed) |
| Jan 02 2018 | Second supplemental brief of respondent R. Scott Appling filed. (Distributed) |
| Jan 08 2018 | DISTRIBUTED for Conference of 1/12/2018. |
| Jan 12 2018 | Petition GRANTED. |
| Feb 23 2018 | SET FOR ARGUMENT on Tuesday, April 17, 2018. |
| Feb 26 2018 | Brief of petitioner Lamar, Archer & Cofrin, LLP filed. |
| Feb 26 2018 | Joint appendix filed. |
| Mar 05 2018 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed) |
| Mar 07 2018 | CIRCULATED |
| Mar 28 2018 | Brief of respondent R. Scott Appling filed. (Distributed) |
| Mar 29 2018 | Brief amici curiae of Law Professors Richard Aaron, Laura Bartell, et al. filed. (Distributed) |
| Mar 30 2018 | Record requested from U.S.C.A. 11th Circuit. |
| Apr 02 2018 | Brief amici curiae of Honorable Eugene Wedoff (Ret.), et al. filed. (Distributed) |
| Apr 04 2018 | Brief amicus curiae of United States filed. (Distributed) |
| Apr 04 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Apr 10 2018 | Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed) |
| Apr 13 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 17 2018 | Argued. For petitioner: Gregory G. Garre, Washington, D. C. For respondent: Paul Hughes, Washington, D. C.; and Jeffrey E. Sandberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 04 2018 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Thomas, Alito, and Gorsuch, JJ., joined, as to all but Part III-B. |
| Jul 06 2018 | JUDGMENT ISSUED. |
