Bullock v. BankChampaign, N.A.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1518 | 11th Cir. | Mar 18, 2013 | May 13, 2013 | 9-0 | Breyer | OT 2012 |
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.
SCOTUSblog Coverage
- Opinion analysis: Justices protect discharge for innocent trustee (Ronald Mann, May 14, 2013)
- Argument analysis: Bankruptcy dispute finds Justices dubious about innocence of trustee self-dealing (Ronald Mann, March 19, 2013)
- Argument preview: Court to scour dictionaries to define defalcation in bankruptcy dispute (Ronald Mann, March 15, 2013)
- Petition of the day (Ben Cheng, July 21, 2012)
| Date | Proceedings and Orders |
|---|---|
| 06/14/2012 | Petition for a writ of certiorari filed. (Response due July 18, 2012) |
| 08/01/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 08/22/2012 | Response Requested . (Due September 21, 2012) |
| 09/20/2012 | Brief of respondent BankChampaign, N.A. in opposition filed. |
| 09/28/2012 | Reply of petitioner Randy Curtis Bullock filed. |
| 10/03/2012 | DISTRIBUTED for Conference of October 26, 2012. |
| 10/29/2012 | Petition GRANTED. |
| 12/11/2012 | 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) |
| 12/13/2012 | Joint appendix filed. (Statement of costs filed) |
| 12/13/2012 | Brief of petitioner Randy Curtis Bullock filed. |
| 12/20/2012 | Brief amicus curiae of G. Eric Brunstad, Jr. filed. |
| 01/07/2013 | SET FOR ARGUMENT ON Monday, March 18, 2013 |
| 01/11/2013 | Brief of respondent BankChampaign, N.A. filed. |
| 01/14/2013 | Brief amici curiae of Professors Richard Aaron, et al. filed. |
| 01/18/2013 | Brief amicus curiae of United States filed. |
| 01/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/23/2013 | CIRCULATED. |
| 01/24/2013 | Record received from U.S.C.A. for 11th Circuit. (1 envelope) |
| 02/11/2013 | Reply of petitioner Randy Curtis Bullock filed. (Distributed) |
| 02/19/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/18/2013 | 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.) |
| 03/18/2013 | The Clerk has approved the parties' joint proposal to lodge copies of the trust instrument from the Illinois proceedings. |
| 03/19/2013 | Record from U.S.D.C. for Southern District of Alabama is electronic. |
| 05/13/2013 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| 06/14/2013 | JUDGMENT ISSUED. |
| 06/14/2013 | Record returned to U.S.C.A. for 11th Circuit. |
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.