City of Chicago, Illinois v. Fulton
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-357 | 7th Cir. | Oct 13, 2020 | Jan 14, 2021 | 8-0 | Alito | OT 2020 |
Holding: The mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. " 362(a)(3), which operates as a "stay" of "any act" to "exercise control" over the property of the estate.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Alito on January 14, 2021. Justice Sotomayor filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- A narrow win for creditors (Danielle D'Onfro, January 20, 2021)
- Argument analysis: Bankruptcy metaphysics (Danielle D'Onfro, October 16, 2020)
- Case preview: Squaring impoundment with federal bankruptcy procedure (Danielle D'Onfro, October 12, 2020)
- Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
- Court releases October calendar (Amy Howe, July 13, 2020)
- Court releases April calendar (Amy Howe, February 21, 2020)
- Court fills out spring calendar with new grants (Amy Howe, December 18, 2019)
- Petitions of the week (Andrew Hamm, October 24, 2019)
| Date | Proceedings and Orders |
|---|---|
| 09/17/2019 | Petition for a writ of certiorari filed. (Response due October 18, 2019) |
| 10/02/2019 | Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk. |
| 10/03/2019 | Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019. |
| 10/17/2019 | Brief amicus curiae of International Municipal Lawyers' Association filed. |
| 11/08/2019 | Brief of respondents Robbin L. Fulton, et al. in opposition filed. |
| 11/25/2019 | Reply of petitioner City of Chicago filed. |
| 11/26/2019 | DISTRIBUTED for Conference of 12/13/2019. |
| 12/18/2019 | Petition GRANTED. |
| 02/03/2020 | Joint appendix filed. |
| 02/03/2020 | Brief of petitioner City of Chicago filed. |
| 02/07/2020 | Brief amici curiae of Professors Ralph Brubaker, et al. filed. |
| 02/10/2020 | Brief amicus curiae of United States filed. |
| 02/10/2020 | Brief amici curiae of National Association of Counties, et al. filed. |
| 02/21/2020 | SET FOR ARGUMENT on Monday, April 20, 2020. |
| 02/26/2020 | Record requested from the U.S.C.A. 7th Circuit. |
| 02/26/2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/27/2020 | The record from the U.S.C.A. 7th Circuit is available on PACER; sealed portions are electronically available with the Clerk. |
| 03/04/2020 | Brief of respondents Robbin L. Fulton, et al. filed. |
| 03/10/2020 | Brief amici curiae of Bankruptcy Law Professors filed. |
| 03/10/2020 | Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. |
| 03/10/2020 | Brief amicus curiae of Geraci Law LLC filed. |
| 03/11/2020 | Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed. |
| 03/11/2020 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. |
| 03/11/2020 | Brief amici curiae of Professors John A. E. Pottow and Jay Lawrence Westbrook filed. |
| 03/11/2020 | Amicus brief of American Civil Liberties Union, American Civil Liberties Union of Illinois, Cato Institute, Fines and Fees Justice Center, Institute for Justice, R Street Institute, Rutherford Institute not accepted for filing. (March 19, 2020 - Corrected version submitted). |
| 03/11/2020 | Amicus brief of American Civil Liberties Union, American Civil Liberties Union of Illinois, Cato Institute, Fines and Fees Justice Center, Institute for Justice, R Street Institute, Rutherford Institute not accepted for filing (Duplicate; corrected version submitted). |
| 03/11/2020 | Brief amici curiae of American Civil Liberties Union, et al. filed. (March 18, 2020) |
| 03/19/2020 | CIRCULATED |
| 03/23/2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/31/2020 | Application (19A1029) of petitioner to extend the time to file a reply brief on the merits from April 3, 2020 to April 8, 2020, submitted to Justice Kavanaugh. |
| 04/01/2020 | Application (19A1029) of petitioner granted by Justice Kavanaugh extending the time to file a reply brief on the merits until April 8, 2020. |
| 04/03/2020 | ORAL ARGUMENT POSTPONED. |
| 04/08/2020 | Reply of petitioner City of Chicago filed. (Distributed) |
| 04/13/2020 | Argument to be rescheduled for the October Term 2020. |
| 07/13/2020 | SET FOR ARGUMENT on Tuesday, October 13, 2020. |
| 10/13/2020 | Argued. For petitioner: Craig Goldblatt, Washington, D. C.; and Colleen E. R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eugene R. Wedoff, Oak Park, Ill. |
| 01/14/2021 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case. Sotomayor, J., filed a concurring opinion. |
| 02/16/2021 | JUDGMENT ISSUED. |