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Bullock v. BankChampaign, N.A.

Docket No.11-1518
Op. Below11th Cir.
ArgumentMar 18, 2013

Holding

The term "defalcation" in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.

Judgment

Vacated and remanded, 9-0, in an opinion by Stephen G. Breyer on May 13, 2013.

Holding: The term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.

Judgment:”Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 13, 2013.

Proceedings & orders timeline

Jun 14, 2012
Petition for a writ of certiorari filed. (Response due July 18, 2012)
Aug 1, 2012
DISTRIBUTED for Conference of September 24, 2012.
Aug 22, 2012
Response Requested . (Due September 21, 2012)
Sep 20, 2012
Brief of respondent BankChampaign, N.A. in opposition filed.
Sep 28, 2012
Reply of petitioner Randy Curtis Bullock filed.
Oct 3, 2012
DISTRIBUTED for Conference of October 26, 2012.
Oct 29, 2012
Petition GRANTED.
Dec 11, 2012
Letter of petitioner from counsel for the parties jointly proposing a lodging of the trust instrument that is the origin of the issues in this case filed. (Distributed)
Dec 13, 2012
Joint appendix filed. (Statement of costs filed)
Dec 13, 2012
Brief of petitioner Randy Curtis Bullock filed.
Dec 20, 2012
Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Jan 7, 2013
SET FOR ARGUMENT ON Monday, March 18, 2013
Jan 11, 2013
Brief of respondent BankChampaign, N.A. filed.
Jan 14, 2013
Brief amici curiae of Professors Richard Aaron, et al. filed.
Jan 18, 2013
Brief amicus curiae of United States filed.
Jan 18, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23, 2013
CIRCULATED.
Jan 24, 2013
Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Feb 11, 2013
Reply of petitioner Randy Curtis Bullock filed. (Distributed)
Feb 19, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 18, 2013
Argued. For petitioner: Thomas M. Byrne, Atlanta, Ga. For respondent: Bill D. Bensinger, Birmingham, Ala.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 18, 2013
The Clerk has approved the parties' joint proposal to lodge copies of the trust instrument from the Illinois proceedings.
Mar 19, 2013
Record from U.S.D.C. for Southern District of Alabama is electronic.
May 13, 2013
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
Jun 14, 2013
JUDGMENT ISSUED.
Jun 14, 2013
Record returned to U.S.C.A. for 11th Circuit.

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