Bank of America, N.A. v. Toledo-Cardona
Consolidated into: Bank of America, N.A. v. Caulkett
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-163 | 11th Cir. |
Mar 24, 2015 |
Jun 1, 2015 | TBD | Thomas | OT 2014 |
Holding: A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under 11 U.S.C. § 506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the creditor’s claim is both secured by a lien and allowed under Section 502 of the Bankruptcy Code.
Judgment: Reversed and remanded, in an opinion by Justice Thomas on June 1, 2015.
SCOTUSblog Coverage
- Opinion analysis: Bad news for "underwater" homeowners (Amy Howe, June 1, 2015)
- Argument analysis: Navigating between Scylla and Charybdis on underwater mortgages (Amy Howe, March 24, 2015)
- Argument preview: Underwater mortgages and the Bankruptcy Code (Amy Howe, March 24, 2015)
- Dealing with "underwater" mortgages (Lyle Denniston, November 17, 2014)
- Petitions of the day (Maureen Johnston, October 31, 2014)
| Date | Proceedings and Orders |
|---|---|
| Aug 13 2014 | Petition for a writ of certiorari filed. (Response due September 12, 2014) |
| Aug 25 2014 | Order extending time to file response to petition to and including October 14, 2014. |
| Oct 6 2014 | Brief of respondent Edelmiro Toledo-Cardona in opposition filed. |
| Oct 21 2014 | Reply of petitioner Bank of America, N.A. filed. |
| Oct 22 2014 | DISTRIBUTED for Conference of November 7, 2014. |
| Nov 10 2014 | DISTRIBUTED for Conference of November 14, 2014. |
| Nov 17 2014 | Petition GRANTED The petition for a writ of certiorari in No. 13-1421 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Nov 18 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from respondents David Caulkett, and Elmiro Toledo-Cardona. VIDED |
| Nov 21 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 9, 2015. VIDED |
| Nov 21 2014 | The time to file respondents' brief(s) on the merits is extended to and including February 17, 2015. VIDED |
| Dec 4 2014 | Motion to dispense with printing the joint appendix filed by petitioner Bank of America, N.A. VIDED. |
| Dec 15 2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED |
| Jan 9 2015 | Brief of petitioner Bank of America, N.A. filed. VIDED. |
| Jan 16 2015 | Brief amici curiae of Loan Syndications and Trading Association, et al filed. VIDED. |
| Jan 16 2015 | Brief amicus curiae of Community Bankers Association of Illinois filed. VIDED. |
| Feb 2 2015 | SET FOR ARGUMENT ON Tuesday, March 24, 2015. VIDED |
| Feb 3 2015 | Record requested from U.S.C.A. 11th Circuit. |
| Feb 12 2015 | CIRCULATED |
| Feb 17 2015 | Brief of respondent David B. Caulkett filed. VIDED. (Distributed) |
| Feb 19 2015 | Brief amici curiae of Professors Jagdeep S. Bhandari, et al. filed. VIDED. (Distributed) |
| Feb 23 2015 | Brief amici curiae of National Association of Consumer Bankruptcy Attorneys and AARP filed. VIDED. (Distributed) |
| Feb 23 2015 | Brief amicus curiae of Adam J. Levitin, Professor of Law filed. VIDED. (Distributed) |
| Feb 24 2015 | Brief amici curiae of Jerome N. Frank Legal Services Organization, et al. filed. VIDED. (Distributed) |
| Feb 24 2015 | Brief amicus curiae of NYU Law School Bankruptcy Appellate Clinic filed. VIDED. (Distributed) |
| Feb 24 2015 | Brief amici curiae of Bankruptcy Law Professors Robert M. Lawless, et al. filed. VIDED. (Distributed) |
| Feb 24 2015 | Brief amicus curiae of Professor Margaret Howard filed. VIDED. (Distributed) |
| Feb 24 2015 | Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed) |
| Mar 16 2015 | Reply of petitioner Bank of America, N.A. filed. VIDED. (Distributed) |
| Mar 24 2015 | Argued. For petitioner: Danielle Spinelli, Washington, D. C. For respondents: Stephanos Bibas, Philadelphia, Pa. |
| Jun 1 2015 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Alito, and Kagan, JJ., joined, and in which Kennedy, Breyer, and Sotomayor, JJ., joined except as to the footnote. VIDED. |
| Jul 6 2015 | JUDGMENT ISSUED. |
