Clark v. Rameker
Holding
Funds held in inherited Individual Retirement Accounts are not "retirement funds" within the meaning of 11 U.S.C. §522(b)(3)(c) and therefore not exempt from the bankruptcy estate.
Judgment
Affirmed, 9-0, in an opinion by Sonia Sotomayor on Jun 12, 2014.
Issue: Whether an individual retirement account that a debtor has inherited is exempt from the debtor’s bankruptcy estate under Section 522 of the Bankruptcy Code, 11 U.S.C. § 522, which exempts “retirement funds to the extent that those funds are in a fund or account that is exempt from taxation” under certain provisions of the Internal Revenue Code.
Aug 2, 2013Application (13A147) to extend the time to file a petition for a writ of certiorari from August 19, 2013 to September 18, 2013, submitted to Justice Kagan.
Aug 2, 2013Application (13A147) granted by Justice Kagan extending the time to file until September 18, 2013.
Sep 6, 2013Petition for a writ of certiorari filed. (Response due October 7, 2013)
Sep 30, 2013Order extending time to file response to petition to and including October 22, 2013, for all respondents.
Oct 22, 2013Brief of respondents William J. Rameker, Trustee, et al. in opposition filed.
Nov 12, 2013DISTRIBUTED for Conference of November 26, 2013.
Nov 12, 2013Reply of petitioners Brandon C. Clark and Heidi K. Hefferon-Clark filed. (Distributed)Nov 26, 2013Petition GRANTED.
Dec 23, 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jan 8, 2014SET FOR ARGUMENT ON Monday, March 24, 2014
Jan 10, 2014Joint appendix filed. (Statement of costs filed.)
Jan 10, 2014Brief of petitioners Brandon C. Clark, and Heidi K. Heffron-Clark filed.Jan 13, 2014Record received from U.S.C.A 7th Circuit. The record is electronic.
Jan 17, 2014Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Jan 17, 2014Brief amici curiae of Tribune Company 401(K) Savings Plan, et al. filed.
Jan 17, 2014Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed.
Feb 3, 2014CIRCULATED.
Feb 10, 2014Brief of respondents William J. Rameker, Trustee, et al. filed. (Distributed)Feb 18, 2014Brief amicus curiae of Professor Seymour Goldberg filed. (Distributed)
Feb 18, 2014Brief amicus curiae of National Association of Bankruptcy Trustees filed. (Distributed)Mar 7, 2014Reply of petitioners Brandon C. Clark, et ux. filed. (Distributed)Mar 24, 2014Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondents: Danielle Spinelli, Washington, D. C.
Jun 12, 2014Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 14, 2014JUDGMENT ISSUED.
Recommended Citation: Clark v. Rameker, SCOTUSblog, https://www.scotusblog.com/cases/clark-v-rameker/