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Bartenwerfer v. Buckley
| 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
- Justices narrow bankruptcy relief from debts incurred by fraud (Ronald Mann, February 23, 2023)
- Justices debate bankruptcy treatment of debts incurred by fraud (Ronald Mann, December 7, 2022)
- A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud (Ronald Mann, December 3, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Justices add new cases on bankruptcy, overtime pay, and federal civil rights claims (Amy Howe, May 2, 2022)
- Announcement of orders and opinions for Monday, May 2 (complete) (Angie Gou, May 2, 2022)
- Private rights of action, overtime pay, and the constitutionality of a billboard tax (John Elwood, April 27, 2022)
| Date | Proceedings and Orders |
|---|---|
| Dec 17 2021 | Petition for a writ of certiorari filed. (Response due January 20, 2022) |
| Dec 23 2021 | Waiver of right of respondent Kieran Buckley to respond filed. |
| Jan 12 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Jan 19 2022 | Response Requested. (Due February 18, 2022) |
| Jan 21 2022 | Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk. |
| Feb 01 2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2022. |
| Mar 21 2022 | Brief of respondent Kieran Buckley in opposition filed. |
| Apr 06 2022 | DISTRIBUTED for Conference of 4/22/2022. |
| Apr 25 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| May 02 2022 | Petition GRANTED. |
| May 17 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Jun 01 2022 | Blanket Consent filed by Respondent, Kieran Buckley |
| Jun 01 2022 | Blanket Consent filed by Petitioner, Kate Bartenwerfer |
| Jun 07 2022 | Motion 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 2022 | Brief of petitioner Kate Bartenwerfer filed. |
| Jul 19 2022 | Joint appendix filed. (Statement of costs filed) |
| Jul 21 2022 | Brief amici curiae of The Hon. Judith Fitzgerald (Ret.), et al. filed. |
| Jul 26 2022 | Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed. |
| Jul 26 2022 | Brief amicus curiae of Robert E. Zuckerman filed. |
| Jul 26 2022 | Brief amici curiae of Law Professors filed. |
| Sep 22 2022 | Brief of respondent Kieran Buckley filed. |
| Sep 29 2022 | Brief amicus curiae of United States filed. |
| Sep 29 2022 | Motion 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 2022 | Brief amici curiae of Professors Lawrence Ponoroff, et al. filed. |
| Oct 11 2022 | Motion 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 2022 | SET FOR ARGUMENT on Tuesday, December 6, 2022. |
| Oct 24 2022 | Reply of petitioner Kate Bartenwerfer filed. |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 9th Circuit. |
| Nov 01 2022 | Record received from the U.S.C.A. 9th Circuit. The record is available on PACER. |
| Dec 06 2022 | Argued. 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 2023 | Adjudged 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 2023 | Judgment issued. |
