Husky International Electronics, Inc. v. Ritz
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-145 | 5th Cir. | Mar 1, 2016 | May 16, 2016 | 7-1 | Sotomayor | OT 2015 |
Holding: The term "actual fraud" in Section 523(a)(2)(A) of the Bankruptcy Code encompasses fraudulent conveyance schemes, even when those schemes do not involve a false representation.
Judgment: Reversed and remanded, 7-1, in an opinion by Justice Sotomayor on May 16, 2016. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Justices adopt broader reading of the phrase "actual fraud" in bankruptcy law (Amy Howe, May 17, 2016)
- Argument analysis: Court hard to read on scope of "actual fraud" in Bankruptcy Code (Amy Howe, March 2, 2016)
- Argument preview: What did Congress mean by "actual fraud" in Bankruptcy Code? (Amy Howe, February 29, 2016)
| Date | Proceedings and Orders |
|---|---|
| 07/30/2015 | Petition for a writ of certiorari filed. (Response due August 31, 2015) |
| 08/28/2015 | Order extending time to file response to petition to and including September 30, 2015. |
| 09/30/2015 | Brief of respondent Daniel Lee Ritz, Jr. in opposition filed. |
| 10/13/2015 | Reply of petitioner Husky International Electronics, Inc. filed. (Distributed) |
| 10/14/2015 | DISTRIBUTED for Conference of October 30, 2015. |
| 11/02/2015 | DISTRIBUTED for Conference of November 6, 2015. |
| 11/06/2015 | Petition GRANTED. |
| 12/21/2015 | Joint appendix filed. (Statement of costs filed) |
| 12/21/2015 | Brief of petitioner Husky International Electronics, Inc. filed. |
| 12/23/2015 | SET FOR ARGUMENT ON Tuesday, March 1, 2016 |
| 12/23/2015 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. |
| 12/28/2015 | Brief amicus curiae of United States filed. |
| 12/28/2015 | Brief amici curiae of Bankruptcy Law Professors filed. |
| 01/05/2016 | Record requested from the U.S.C.A. 5th Circuit. |
| 01/05/2016 | Records from the U.S.C.A. 5th Circuit, as well as U.S.D.C. Southern Dist. of Texas is electronic and located on PACER. |
| 01/15/2016 | CIRCULATED. |
| 01/15/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/20/2016 | Brief of respondent Daniel Lee Ritz, Jr. filed. (Distributed) |
| 01/25/2016 | Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed) |
| 01/25/2016 | Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed) |
| 01/27/2016 | Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed) |
| 02/18/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/19/2016 | Reply of petitioner Husky International Electronics, Inc. filed. (Distributed) |
| 03/01/2016 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Erin E. Murphy, Washington, D. C. |
| 05/16/2016 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. |
| 06/17/2016 | JUDGMENT ISSUED |