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Husky International Electronics, Inc. v. Ritz

Docket No.15-145
Op. Below5th Cir.
ArgumentMar 1, 2016

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 Sonia Sotomayor on May 16, 2016. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Jul 30, 2015
Petition for a writ of certiorari filed. (Response due August 31, 2015)
Aug 28, 2015
Order extending time to file response to petition to and including September 30, 2015.
Sep 30, 2015
Brief of respondent Daniel Lee Ritz, Jr. in opposition filed.
Oct 13, 2015
Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)
Oct 14, 2015
DISTRIBUTED for Conference of October 30, 2015.
Nov 2, 2015
DISTRIBUTED for Conference of November 6, 2015.
Nov 6, 2015
Petition GRANTED.
Dec 21, 2015
Joint appendix filed. (Statement of costs filed)
Dec 21, 2015
Brief of petitioner Husky International Electronics, Inc. filed.
Dec 23, 2015
SET FOR ARGUMENT ON Tuesday, March 1, 2016
Dec 23, 2015
Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Dec 28, 2015
Brief amicus curiae of United States filed.
Dec 28, 2015
Brief amici curiae of Bankruptcy Law Professors filed.
Jan 5, 2016
Record requested from the U.S.C.A. 5th Circuit.
Jan 5, 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.
Jan 15, 2016
CIRCULATED.
Jan 15, 2016
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 20, 2016
Brief of respondent Daniel Lee Ritz, Jr. filed. (Distributed)
Jan 25, 2016
Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed)
Jan 25, 2016
Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)
Jan 27, 2016
Brief amicus curiae of G. Eric Brunstad, Jr. filed. (Distributed)
Feb 18, 2016
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 19, 2016
Reply of petitioner Husky International Electronics, Inc. filed. (Distributed)
Mar 1, 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.
May 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.
Jun 17, 2016
JUDGMENT ISSUED

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