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 21, 2017)
| Date | Proceedings and Orders |
|---|---|
| 04/11/2017 | Petition for a writ of certiorari filed. (Response due May 11, 2017) |
| 05/05/2017 | Order extending time to file response to petition to and including May 25, 2017. |
| 05/25/2017 | Brief of respondent R. Scott Appling in opposition filed. |
| 05/30/2017 | DISTRIBUTED for Conference of June 15, 2017. |
| 05/31/2017 | Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed) |
| 06/19/2017 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 11/09/2017 | Brief amicus curiae of United States filed. |
| 11/29/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 12/01/2017 | Supplemental brief of respondent R. Scott Appling filed. (Distributed) |
| 01/02/2018 | Second supplemental brief of respondent R. Scott Appling filed. (Distributed) |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/12/2018 | Petition GRANTED. |
| 02/23/2018 | SET FOR ARGUMENT on Tuesday, April 17, 2018. |
| 02/26/2018 | Brief of petitioner Lamar, Archer & Cofrin, LLP filed. |
| 02/26/2018 | Joint appendix filed. |
| 03/05/2018 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed) |
| 03/07/2018 | CIRCULATED |
| 03/28/2018 | Brief of respondent R. Scott Appling filed. (Distributed) |
| 03/29/2018 | Brief amici curiae of Law Professors Richard Aaron, Laura Bartell, et al. filed. (Distributed) |
| 03/30/2018 | Record requested from U.S.C.A. 11th Circuit. |
| 04/02/2018 | Brief amici curiae of Honorable Eugene Wedoff (Ret.), et al. filed. (Distributed) |
| 04/04/2018 | Brief amicus curiae of United States filed. (Distributed) |
| 04/04/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/10/2018 | Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed) |
| 04/13/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/17/2018 | 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.) |
| 06/04/2018 | 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. |
| 07/06/2018 | JUDGMENT ISSUED. |