No. 21-1448

Dustin Jade Wells v. Kathleen A. McCallister

Lower Court: Ninth Circuit
Docketed: 2022-05-16
Status: Denied
Type: Paid
CVSGAmici (3)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: asset-liquidation bankruptcy bankruptcy-estate bankruptcy-filing bankruptcy-petition bankruptcy-proceedings debtor-rights homestead-exemption property-interests property-rights
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-04-28 (distributed 3 times)
Question Presented (AI Summary)

Whether a homestead exemption to which a debtor is entitled on the date of bankruptcy filing can be lost if the debtor sells the homestead during the bankruptcy proceedings and does not reinvest the proceeds

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has long held that “the date when [a bankruptcy] petition is filed” is the “point of time” at which “the status and rights of the bankrupt ... are fixed.” White v. Stump, 266 U.S. 310, 313 (1924). The question presented is whether a homestead exemption to which a debtor is entitled on the date he files for bankruptcy can vanish if the debtor sells his homestead during the pendency of bankruptcy proceedings and does not reinvest the proceeds in another homestead.

Docket Entries

2023-05-01
Motion for leave to file amicus brief filed by Central District Consumer Bankruptcy Attorneys Association GRANTED.
2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-12
Supplemental brief of petitioner Dustin Jade Wells filed. (Distributed)
2023-03-29
Brief amicus curiae of United States filed.
2022-10-11
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Reply of petitioner Dustin Jade Wells filed. (Distributed)
2022-09-01
Brief of respondent Kathleen A. McCallister in opposition filed.
2022-08-02
Response Requested. (Due September 1, 2022)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-17
Motion for leave to file amicus brief filed by Central District Consumer Bankruptcy Attorneys Association.
2022-06-09
Waiver of right of respondent Kathleen A. McCallister to respond filed.
2022-05-12
Petition for a writ of certiorari filed. (Response due June 15, 2022)

Attorneys

Central District Consumer Bankruptcy Attorneys Association
Matthew David ResnikRHM LAW, LLP, Amicus
Dustin Jade Wells
Amanda Kelly RiceJones Day, Petitioner
Kathleen A. McCallister
Kathleen Ann McCallisterChapter 13 Trustee, District of Idaho, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Amicus