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Bartenwerfer v. Buckley

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Docket No. Op. Below Argument Opinion Vote Author Term
21-908 9th Cir. Dec 6, 2022
 Feb 22, 2023 9-0 Barrett OT 2022

Holding: Pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, a debtor like Kate Bartenwerfer who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own culpability.

Judgment: Affirmed, 9-0, in an opinion by Justice Barrett on February 22, 2023. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 17 2021Petition for a writ of certiorari filed. (Response due January 20, 2022)
Dec 23 2021Waiver of right of respondent Kieran Buckley to respond filed.
Jan 12 2022DISTRIBUTED for Conference of 2/18/2022.
Jan 19 2022Response Requested. (Due February 18, 2022)
Jan 21 2022Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk.
Feb 01 2022Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2022.
Mar 21 2022Brief of respondent Kieran Buckley in opposition filed.
Apr 06 2022DISTRIBUTED for Conference of 4/22/2022.
Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
May 02 2022Petition GRANTED.
May 17 2022Motion for an extension of time to file the briefs on the merits filed.
Jun 01 2022Blanket Consent filed by Respondent, Kieran Buckley
Jun 01 2022Blanket Consent filed by Petitioner, Kate Bartenwerfer
Jun 07 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2022. The time to file respondent's brief on the merits is extended to and including September 22, 2022.
Jul 19 2022Brief of petitioner Kate Bartenwerfer filed.
Jul 19 2022Joint appendix filed. (Statement of costs filed)
Jul 21 2022Brief amici curiae of The Hon. Judith Fitzgerald (Ret.), et al. filed.
Jul 26 2022Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
Jul 26 2022Brief amicus curiae of Robert E. Zuckerman filed.
Jul 26 2022Brief amici curiae of Law Professors filed.
Sep 22 2022Brief of respondent Kieran Buckley filed.
Sep 29 2022Brief amicus curiae of United States filed.
Sep 29 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 29 2022Brief amici curiae of Professors Lawrence Ponoroff, et al. filed.
Oct 11 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 18 2022SET FOR ARGUMENT on Tuesday, December 6, 2022.
Oct 24 2022Reply of petitioner Kate Bartenwerfer filed.
Oct 25 2022CIRCULATED.
Oct 28 2022Record requested from the U.S.C.A. 9th Circuit.
Nov 01 2022Record received from the U.S.C.A. 9th Circuit. The record is available on PACER.
Dec 06 2022Argued. For petitioner: Sarah M. Harris, Washington, D. C. For respondent: Zachary D. Tripp, Washington, D. C.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 22 2023Adjudged to be AFFIRMED. Barrett, J., filed an opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
Mar 27 2023Judgment issued.