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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.

DateProceedings and Orders (key to color coding)
07/05/2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2012)
08/23/2012DISTRIBUTED for Conference of September 24, 2012.
09/17/2012Response Requested . (Due October 17, 2012)
10/17/2012Response to petition from respondent Alfred H. Siegel, Chapter 7 Trustee filed.
10/30/2012DISTRIBUTED for Conference of November 20, 2012.
11/26/2012DISTRIBUTED for Conference of November 30, 2012.
11/29/2012Reply of petitioner Stephen Law filed. (Distributed)
12/03/2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/14/2013Brief amicus curiae of United States filed.
05/28/2013Supplemental brief of petitioner Stephen Law filed.
05/29/2013DISTRIBUTED for Conference of June 13, 2013.
06/17/2013Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
07/03/2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2013.
07/03/2013The time to file respondent's brief on the merits is extended to and including October 22, 2013.
08/27/2013Joint appendix filed (1 volume and supplemental volume.)
08/27/2013Brief of petitioner Stephen Law filed.
09/03/2013Brief amici curiae of Bankruptcy Law Scholars filed.
09/03/2013Brief amicus curiae of G. Eric Brunstad, Jr. filed.
09/03/2013Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed.
10/22/2013Brief of respondent Alfred H. Siegel, Chapter 7 Trustee filed.
10/29/2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/29/2013Brief amicus curiae of United States filed.
10/29/2013Brief amicus curiae of National Association of Bankruptcy Trustees filed.
10/29/2013Brief amicus curiae of National Association of Chapter Thirteen Trustees filed.
11/04/2013SET FOR ARGUMENT ON Monday, January 13, 2014.
11/05/2013CIRCULATED
11/18/2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/21/2013Reply of petitioner Stephen Law filed. (Distributed)
11/25/2013Record received from U.S. Bankruptcy Appellate Panel of the Ninth Circuit. (1Box)
01/13/2014Argued. 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.)
03/04/2014Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court.
04/07/2014JUDGMENT ISSUED.
04/08/2014Record 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.