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 <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-357_6k47.pdf'>opinion</a> 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. |