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Lamar, Archer & Cofrin, LLP v. R. Scott Appling

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-11911 · judgment February 15, 2017

Decided · June 4, 2018
At-filing estimate: 8% cert probability (95% interval 5%–13%)
The Solicitor General's brief was filed November 9, 2017

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, an Eleventh Circuit decision below, and a business petitioner.

Question presented

The Bankruptcy Code prohibits the discharge of "any debt ... for money, property, [or] services ... to the extent obtained by ... false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's ... financial condition." 11 U.S.C. § 523(a)(2). Three Circuits have held that a statement concerning a specific asset of the debtor cannot be a "statement respecting the debtor's ... financial condition." Two Circuits, including the Eleventh Circuit below, have held that it can be. Based on that interpretation, the Eleventh Circuit here reversed the bankruptcy court's conclusion that the debt at issue "is nondischargeable," App. 14a, even though it is based on a fraudulent statement. The question presented is whether (and, if so, when) a statement concerning a specific asset can be a "statement respecting the debtor's ... financial condition” within Section 523(a)(2).

Counsel of record

For petitioner
Gregory George Garre
Latham & Watkins LLP

For respondent
Paul Whitfield Hughes
McDermott Will & Emery

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 4 merits
(1 supporting pet./neither, 3 respondent)

Orders
Miscellaneous order, January 12, 2018 · Certiorari granted
Miscellaneous order, April 13, 2018

Argument & decision

Argued April 17, 2018 — Gregory G. Garre · Paul Hughes. Listen and read along · the Court’s audio

Decided June 4, 2018. Opinion by Sotomayor.

Proceedings

  1. Jul 06 2018
    JUDGMENT ISSUED.
  2. Jun 04 2018
    Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Thomas, Alito, and Gorsuch, JJ., joined, as to all but Part III-B.
  3. Apr 17 2018
    Argued. For petitioner: Gregory G. Garre, Washington, D. C. For respondent: Paul Hughes, Washington, D. C.; and Jeffrey E. Sandberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Apr 13 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  5. Apr 10 2018
    Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed)
  6. Apr 04 2018
    Brief amicus curiae of United States filed. (Distributed)
  7. Apr 04 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  8. Apr 02 2018
    Brief amici curiae of Honorable Eugene Wedoff (Ret.), et al. filed. (Distributed)
  9. Mar 30 2018
    Record requested from U.S.C.A. 11th Circuit.
  10. Mar 29 2018
    Brief amici curiae of Law Professors Richard Aaron, Laura Bartell, et al. filed. (Distributed)
  11. Mar 28 2018
    Brief of respondent R. Scott Appling filed. (Distributed)
  12. Mar 07 2018
    CIRCULATED
  13. Mar 05 2018
    Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)
  14. Feb 26 2018
    Brief of petitioner Lamar, Archer & Cofrin, LLP filed.
  15. Feb 26 2018
    Joint appendix filed.
  16. Feb 23 2018
    SET FOR ARGUMENT on Tuesday, April 17, 2018.
  17. Jan 12 2018
    Petition GRANTED.
  18. Jan 08 2018
    DISTRIBUTED for Conference of 1/12/2018.
  19. Jan 02 2018
    Second supplemental brief of respondent R. Scott Appling filed. (Distributed)
  20. Dec 01 2017
    Supplemental brief of respondent R. Scott Appling filed. (Distributed)
  21. Nov 29 2017
    DISTRIBUTED for Conference of 1/5/2018.
  22. Nov 09 2017
    Brief amicus curiae of United States filed.
  23. Jun 19 2017
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
  24. May 31 2017
    Reply of petitioner Lamar, Archer & Cofrin, LLP filed. (Distributed)
  25. May 30 2017
    DISTRIBUTED for Conference of June 15, 2017.
  26. May 25 2017
    Brief of respondent R. Scott Appling in opposition filed.
  27. May 05 2017
    Order extending time to file response to petition to and including May 25, 2017.
  28. Apr 11 2017
    Petition for a writ of certiorari filed. (Response due May 11, 2017)