No. 21-908
Kate Marie Bartenwerfer v. Kieran Buckley
Tags: 11-usc-523 bankruptcy bankruptcy-fraud circuit-split civil-liability discharge discharge-exception fraud imputation imputation-liability statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration LaborRelations
SocialSecurity Securities Immigration LaborRelations
Latest Conference:
2022-04-29
(distributed 3 times)
Question Presented (AI Summary)
Whether an individual can be subject to liability for another's fraud barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A) by imputation without any personal act, omission, intent or knowledge
Question Presented (OCR Extract)
QUESTION PRESENTED May an individual be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. (the “Bankruptcy Code”) § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own? Circuit courts are irreconcilably split on this issue.
Docket Entries
2023-03-27
Judgment issued.
2023-02-22
Adjudged to be AFFIRMED. Barrett, J., filed an <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-908_n6io.pdf'>opinion</a> for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
2022-12-06
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.)
2022-11-01
Record received from the U.S.C.A. 9th Circuit. The record is available on PACER.
2022-10-28
Record requested from the U.S.C.A. 9th Circuit.
2022-10-25
CIRCULATED.
2022-10-24
Reply of petitioner Kate Bartenwerfer filed.
2022-10-18
SET FOR ARGUMENT on Tuesday, December 6, 2022.
2022-10-11
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.
2022-09-29
Brief amici curiae of Professors Lawrence Ponoroff, et al. filed.
2022-09-29
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.
2022-09-29
Brief amicus curiae of United States filed.
2022-09-22
Brief of respondent Kieran Buckley filed.
2022-07-26
Brief amici curiae of Law Professors filed.
2022-07-26
Brief amicus curiae of Robert E. Zuckerman filed.
2022-07-26
Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
2022-07-21
Brief amici curiae of The Hon. Judith Fitzgerald (Ret.), et al. filed.
2022-07-19
Joint appendix filed. (Statement of costs filed)
2022-07-19
Brief of petitioner Kate Bartenwerfer filed.
2022-06-07
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.
2022-06-01
Blanket Consent filed by Petitioner, Kate Bartenwerfer
2022-06-01
Blanket Consent filed by Respondent, Kieran Buckley
2022-05-17
Motion for an extension of time to file the briefs on the merits filed.
2022-05-02
Petition GRANTED.
2022-04-25
DISTRIBUTED for Conference of 4/29/2022.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-21
Brief of respondent Kieran Buckley in opposition filed.
2022-02-01
Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2022.
2022-01-21
Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk.
2022-01-19
Response Requested. (Due February 18, 2022)
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-23
Waiver of right of respondent Kieran Buckley to respond filed.
2021-12-17
Petition for a writ of certiorari filed. (Response due January 20, 2022)
Attorneys
Kate Bartenwerfer
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner
Iain Angus Macdonald — Macdonald\Fernandez LLP, Petitioner
Sarah Michelle Harris — Williams & Connolly LLP, Petitioner
Kieran Buckley
Zachary D. Tripp — Weil, Gotshal & Manges LLP, Respondent
Janet Marie Brayer — Law Offices of Janet Brayer, Respondent
Law Professors
National Consumer Bankruptcy Rights Center and Professor Angela K. Littwin
Professors Lawrence Ponoroff and Rafael I. Pardo
Robert E. Zuckerman
The Hon. Judith Fitzgerald (Ret.),, et al.
David R. Kuney — David Kuney Law, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Amicus