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Bartenwerfer v. Buckley

Docket No. Op. Below Argument Opinion Vote Author Term
21-908 9th Cir. TBD TBD TBD TBD OT 2022

Issue: Whether an individual may be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own.

Date Proceedings and Orders (key to color coding)
Dec 17 2021 Petition for a writ of certiorari filed. (Response due January 20, 2022)
Dec 23 2021 Waiver of right of respondent Kieran Buckley to respond filed.
Jan 12 2022 DISTRIBUTED for Conference of 2/18/2022.
Jan 19 2022 Response Requested. (Due February 18, 2022)
Jan 21 2022 Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk.
Feb 01 2022 Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2022.
Mar 21 2022 Brief of respondent Kieran Buckley in opposition filed.
Apr 06 2022 DISTRIBUTED for Conference of 4/22/2022.
Apr 25 2022 DISTRIBUTED for Conference of 4/29/2022.
May 02 2022 Petition GRANTED.
May 17 2022 Motion for an extension of time to file the briefs on the merits filed.
Jun 01 2022 Blanket Consent filed by Respondent, Kieran Buckley
Jun 01 2022 Blanket Consent filed by Petitioner, Kate Bartenwerfer
Jun 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.
Jul 19 2022 Brief of petitioner Kate Bartenwerfer filed.
Jul 19 2022 Joint appendix filed. (Statement of costs filed)
Jul 21 2022 Amicus brief of The Hon. Judith Fitzgerald (Ret.), The Hon. Robert Gerber, (Ret.), The Hon. Eugene Wedoff (Ret.), and Law Professors Ingrid Hillinger, George Kuney, Juliet Moringiello, Nancy Rapoport, Walter Taggart, Ray Warner, and Jack Williams submitted.

Bartenwerfer v. Buckley

https://news.bloomberglaw.com/bankruptcy-law/supreme-court-agrees-to-hear-case-on-imputing-fraud-in-bankruptcy

https://www.law360.com/pulse/articles/1489110/justices-to-consider-if-ch-7-can-negate-unknown-fraud

https://www.reuters.com/legal/government/us-supreme-court-weigh-whether-wife-liable-bankruptcy-husbands-fraud-2022-05-02/