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Law v. Siegel

Docket No.12-5196
Op. Below9th Cir.
ArgumentJan 13, 2014

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 Antonin Scalia on Mar 4, 2014.

Issue: Whether the Ninth Circuit erred in allowing the bankruptcy trustee to surcharge the debtor”s constitutionally protected homestead property.

Proceedings & orders timeline

Jul 5, 2012
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2012)
Aug 23, 2012
DISTRIBUTED for Conference of September 24, 2012.
Sep 17, 2012
Response Requested . (Due October 17, 2012)
Oct 17, 2012
Response to petition from respondent Alfred H. Siegel, Chapter 7 Trustee filed.
Oct 30, 2012
DISTRIBUTED for Conference of November 20, 2012.
Nov 26, 2012
DISTRIBUTED for Conference of November 30, 2012.
Nov 29, 2012
Reply of petitioner Stephen Law filed. (Distributed)
Dec 3, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 14, 2013
Brief amicus curiae of United States filed.
May 28, 2013
Supplemental brief of petitioner Stephen Law filed.
May 29, 2013
DISTRIBUTED for Conference of June 13, 2013.
Jun 17, 2013
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 3, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2013.
Jul 3, 2013
The time to file respondent's brief on the merits is extended to and including October 22, 2013.
Aug 27, 2013
Joint appendix filed (1 volume and supplemental volume.)
Aug 27, 2013
Brief of petitioner Stephen Law filed.
Sep 3, 2013
Brief amici curiae of Bankruptcy Law Scholars filed.
Sep 3, 2013
Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Sep 3, 2013
Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed.
Oct 22, 2013
Brief of respondent Alfred H. Siegel, Chapter 7 Trustee filed.
Oct 29, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29, 2013
Brief amicus curiae of United States filed.
Oct 29, 2013
Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Oct 29, 2013
Brief amicus curiae of National Association of Chapter Thirteen Trustees filed.
Nov 4, 2013
SET FOR ARGUMENT ON Monday, January 13, 2014.
Nov 5, 2013
CIRCULATED
Nov 18, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 21, 2013
Reply of petitioner Stephen Law filed. (Distributed)
Nov 25, 2013
Record received from U.S. Bankruptcy Appellate Panel of the Ninth Circuit. (1Box)
Jan 13, 2014
Argued. 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.)
Mar 4, 2014
Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court.
Apr 7, 2014
JUDGMENT ISSUED.
Apr 8, 2014
Record from U.S. Bankruptcy Appellate Panel 9th Circuit, has been returned.

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