Law v. Siegel
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
12-5196 | 9th Cir. | Jan 13, 2014 | Mar 4, 2014 | 9-0 | Scalia | OT 2013 |
Holding: The bankruptcy court exceeded its authority when it ordered that a debtor"s exempt assets be used to pay administrative expenses incurred as a result of the debtor"s misconduct.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on March 4, 2014.
SCOTUSblog Coverage
- Opinion analysis: Justices stick with Bankruptcy Code text, rejecting Ninth Circuits creative punishment of lying bankrupt (Ronald Mann, March 4, 2014)
- Argument recap: Justices find little sympathy for lying bankrupt (Ronald Mann, January 15, 2014)
- Argument preview: Justices assess penalties for lying bankrupt (Ronald Mann, January 10, 2014)
- Solicitor General files invitation briefs for June 13 Conference (Amy Howe, May 24, 2013)
Date | Proceedings and Orders |
---|---|
07/05/2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2012) |
08/23/2012 | DISTRIBUTED for Conference of September 24, 2012. |
09/17/2012 | Response Requested . (Due October 17, 2012) |
10/17/2012 | Response to petition from respondent Alfred H. Siegel, Chapter 7 Trustee filed. |
10/30/2012 | DISTRIBUTED for Conference of November 20, 2012. |
11/26/2012 | DISTRIBUTED for Conference of November 30, 2012. |
11/29/2012 | Reply of petitioner Stephen Law filed. (Distributed) |
12/03/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
05/14/2013 | Brief amicus curiae of United States filed. |
05/28/2013 | Supplemental brief of petitioner Stephen Law filed. |
05/29/2013 | DISTRIBUTED for Conference of June 13, 2013. |
06/17/2013 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
07/03/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2013. |
07/03/2013 | The time to file respondent's brief on the merits is extended to and including October 22, 2013. |
08/27/2013 | Joint appendix filed (1 volume and supplemental volume.) |
08/27/2013 | Brief of petitioner Stephen Law filed. |
09/03/2013 | Brief amici curiae of Bankruptcy Law Scholars filed. |
09/03/2013 | Brief amicus curiae of G. Eric Brunstad, Jr. filed. |
09/03/2013 | Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. |
10/22/2013 | Brief of respondent Alfred H. Siegel, Chapter 7 Trustee filed. |
10/29/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
10/29/2013 | Brief amicus curiae of United States filed. |
10/29/2013 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. |
10/29/2013 | Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. |
11/04/2013 | SET FOR ARGUMENT ON Monday, January 13, 2014. |
11/05/2013 | CIRCULATED |
11/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
11/21/2013 | Reply of petitioner Stephen Law filed. (Distributed) |
11/25/2013 | Record received from U.S. Bankruptcy Appellate Panel of the Ninth Circuit. (1Box) |
01/13/2014 | Argued. For petitioner: Matthew S. Hellman, Washington, D. C. For respondent: Neal Katyal, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
03/04/2014 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court. |
04/07/2014 | JUDGMENT ISSUED. |
04/08/2014 | Record from U.S. Bankruptcy Appellate Panel 9th Circuit, has been returned. |
Issue: Whether the Ninth Circuit erred in allowing the bankruptcy trustee to surcharge the debtor”s constitutionally protected homestead property.