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Lamar, Archer & Cofrin, LLP v. Appling

Docket No.16-1215
Op. Below11th Cir.
ArgumentApr 17, 2018

Holding

Single-asset statements qualify as "statement[s] respecting the debtor's . . . financial condition" for purposes of Bankruptcy Code 523(a)(2)'s exceptions to discharge; where, as here, a single-asset statement is not in writing, the associated debt may be discharged.

Judgment

Affirmed, 9-0, in an opinion by Sonia Sotomayor on Jun 4, 2018. Justices Thomas, Alito, and Gorsuch joined the opinion as to all but Part III-B.

Proceedings & orders timeline

Apr 11, 2017
Petition for a writ of certiorari filed. (Response due May 11, 2017)
May 5, 2017
Order extending time to file response to petition to and including May 25, 2017.
May 25, 2017
Brief of respondent R. Scott Appling in opposition filed.
May 30, 2017
DISTRIBUTED for Conference of June 15, 2017.
May 31, 2017
Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed)
Jun 19, 2017
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 9, 2017
Brief amicus curiae of United States filed.
Nov 29, 2017
DISTRIBUTED for Conference of 1/5/2018.
Dec 1, 2017
Supplemental brief of respondent R. Scott Appling filed. (Distributed)
Jan 2, 2018
Second supplemental brief of respondent R. Scott Appling filed. (Distributed)
Jan 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
Jan 12, 2018
Petition GRANTED.
Feb 23, 2018
SET FOR ARGUMENT on Tuesday, April 17, 2018.
Feb 26, 2018
Brief of petitioner Lamar, Archer & Cofrin, LLP filed.
Feb 26, 2018
Joint appendix filed.
Mar 5, 2018
Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)
Mar 7, 2018
CIRCULATED
Mar 28, 2018
Brief of respondent R. Scott Appling filed. (Distributed)
Mar 29, 2018
Brief amici curiae of Law Professors Richard Aaron, Laura Bartell, et al. filed. (Distributed)
Mar 30, 2018
Record requested from U.S.C.A. 11th Circuit.
Apr 2, 2018
Brief amici curiae of Honorable Eugene Wedoff (Ret.), et al. filed. (Distributed)
Apr 4, 2018
Brief amicus curiae of United States filed. (Distributed)
Apr 4, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 10, 2018
Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed)
Apr 13, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17, 2018
Argued. For petitioner: Gregory G. Garre, Washington, D. C. For respondent: Paul Hughes, Washington, D. C.; and Jeffrey E. Sandberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 4, 2018
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Thomas, Alito, and Gorsuch, JJ., joined, as to all but Part III-B.
Jul 6, 2018
JUDGMENT ISSUED.

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