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Lamar, Archer & Cofrin, LLP v. Appling

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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

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