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 8, 2022)
- A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud (Ronald Mann, December 4, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Announcement of orders and opinions for Monday, May 2 (complete) (Angie Gou, May 2, 2022)
- Justices add new cases on bankruptcy, overtime pay, and federal civil rights claims (Amy Howe, 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 |
|---|---|
| 12/17/2021 | Petition for a writ of certiorari filed. (Response due January 20, 2022) |
| 12/23/2021 | Waiver of right of respondent Kieran Buckley to respond filed. |
| 01/12/2022 | DISTRIBUTED for Conference of 2/18/2022. |
| 01/19/2022 | Response Requested. (Due February 18, 2022) |
| 01/21/2022 | Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk. |
| 02/01/2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2022. |
| 03/21/2022 | Brief of respondent Kieran Buckley in opposition filed. |
| 04/06/2022 | DISTRIBUTED for Conference of 4/22/2022. |
| 04/25/2022 | DISTRIBUTED for Conference of 4/29/2022. |
| 05/02/2022 | Petition GRANTED. |
| 05/17/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 06/01/2022 | Blanket Consent filed by Respondent, Kieran Buckley |
| 06/01/2022 | Blanket Consent filed by Petitioner, Kate Bartenwerfer |
| 06/07/2022 | 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. |
| 07/19/2022 | Brief of petitioner Kate Bartenwerfer filed. |
| 07/19/2022 | Joint appendix filed. (Statement of costs filed) |
| 07/21/2022 | Brief amici curiae of The Hon. Judith Fitzgerald (Ret.), et al. filed. |
| 07/26/2022 | Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed. |
| 07/26/2022 | Brief amicus curiae of Robert E. Zuckerman filed. |
| 07/26/2022 | Brief amici curiae of Law Professors filed. |
| 09/22/2022 | Brief of respondent Kieran Buckley filed. |
| 09/29/2022 | Brief amicus curiae of United States filed. |
| 09/29/2022 | 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. |
| 09/29/2022 | Brief amici curiae of Professors Lawrence Ponoroff, et al. filed. |
| 10/11/2022 | 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. |
| 10/18/2022 | SET FOR ARGUMENT on Tuesday, December 6, 2022. |
| 10/24/2022 | Reply of petitioner Kate Bartenwerfer filed. |
| 10/25/2022 | CIRCULATED. |
| 10/28/2022 | Record requested from the U.S.C.A. 9th Circuit. |
| 11/01/2022 | Record received from the U.S.C.A. 9th Circuit. The record is available on PACER. |
| 12/06/2022 | 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.) |
| 02/22/2023 | Adjudged to be AFFIRMED. Barrett, J., filed an opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined. |
| 03/27/2023 | Judgment issued. |