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Harris v. Viegelahn

Docket No.14-400
Op. Below5th Cir.
ArgumentApr 1, 2015

Holding

A debtor who converts to Chapter 7 bankruptcy is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee.

Judgment

Reversed and remanded, 9-0, in an opinion by Ruth Bader Ginsburg on May 18, 2015.

Proceedings & orders timeline

Oct 6, 2014
Petition for a writ of certiorari filed. (Response due November 6, 2014)
Nov 6, 2014
Brief of respondent Mary K. Viegelahn, Chapter 13 Trustee in opposition filed.
Nov 24, 2014
Reply of petitioner Charles E. Harris, III filed.
Nov 25, 2014
DISTRIBUTED for Conference of December 12, 2014.
Dec 12, 2014
Petition GRANTED.
Jan 26, 2015
Brief of petitioner Charles E. Harris, III filed.
Jan 26, 2015
Joint appendix filed. (Statement of costs filed)
Feb 2, 2015
SET FOR ARGUMENT ON Wednesday, April 1, 2015
Feb 2, 2015
Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed.
Feb 2, 2015
Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Feb 3, 2015
Record requested from U.S.C.A. 5th Circuit.
Feb 3, 2015
Record from U.S.C.A. 5th Circuit is electronic and located on PACER.
Feb 10, 2015
Record received from U.S.D.C. Western District of Texas. (1 Envelope)
Feb 12, 2015
CIRCULATED
Feb 25, 2015
Brief of respondent Mary K. Viegelahn, Chapter 13 Trustee filed. (Distributed)
Mar 2, 2015
Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)
Mar 4, 2015
Brief amici curiae of American Financial Services Association, et al., filed. (Distributed)
Mar 20, 2015
Reply of petitioner Charles E. Harris, III filed. (Distributed)
Apr 1, 2015
Argued. For petitioner: Matthew M. Madden, Washington, D. C. For respondent: Craig Goldblatt, Washington, D. C.
May 18, 2015
Judgment REVERSED and case REMANDED Ginsburg, J., delivered the opinion for a unanimous Court.
Jun 19, 2015
JUDGMENT ISSUED.
Jul 30, 2015
Record from U.S.D.C. Western Dist. of Texas has been returned.

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