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City of Chicago, Illinois v. Robbin L. Fulton, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2527, 18-2793, 18-2835, 18-3023 · judgment June 19, 2019

Decided · January 14, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code's automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition. PRESS RELEASE OF APRIL 3, 2020 IN KEEPING WITH PUBLIC HEALTH GUIDANCE IN RESPONSE TO COVID-19, THE COURT WILL POSTPONE THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE APRIL SESSION. 4/13/2020: ARGUMENT TO BE RESCHEDULED FOR THE OCTOBER TERM 2020

Counsel of record

For petitioner
Craig Goldblatt
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Eugene R. Wedoff

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage · 10 merits
(3 supporting pet./neither, 7 respondent)

Argument & decision

Argued October 13, 2020 — Craig Goldblatt · Eugene R. Wedoff. Audio and transcript

Decided January 14, 2021. Opinion by Alito.

Proceedings

  1. Feb 16 2021
    JUDGMENT ISSUED.
  2. Jan 14 2021
    Judgment VACATED and case REMANDED. Alito, J., delivered the opinion 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.
  3. Oct 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.
  4. Jul 13 2020
    SET FOR ARGUMENT on Tuesday, October 13, 2020.
  5. Apr 13 2020
    Argument to be rescheduled for the October Term 2020.
  6. Apr 08 2020
    Reply of petitioner City of Chicago filed. (Distributed)
  7. Apr 03 2020
    ORAL ARGUMENT POSTPONED.
  8. Apr 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.
  9. Mar 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.
  10. Mar 23 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  11. Mar 19 2020
    CIRCULATED
  12. Mar 11 2020
    Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
  13. Mar 11 2020
    Brief amicus curiae of National Association of Bankruptcy Trustees filed.
  14. Mar 11 2020
    Brief amici curiae of Professors John A. E. Pottow and Jay Lawrence Westbrook filed.
  15. Mar 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).
  16. Mar 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).
  17. Mar 11 2020
    Brief amici curiae of American Civil Liberties Union, et al. filed. (March 18, 2020)
  18. Mar 10 2020
    Brief amici curiae of Bankruptcy Law Professors filed.
  19. Mar 10 2020
    Brief amicus curiae of National Association of Chapter Thirteen Trustees filed.
  20. Mar 10 2020
    Brief amicus curiae of Geraci Law LLC filed.
  21. Mar 04 2020
    Brief of respondents Robbin L. Fulton, et al. filed.
  22. Feb 27 2020
    The record from the U.S.C.A. 7th Circuit is available on PACER; sealed portions are electronically available with the Clerk.
  23. Feb 26 2020
    Record requested from the U.S.C.A. 7th Circuit.
  24. Feb 26 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  25. Feb 21 2020
    SET FOR ARGUMENT on Monday, April 20, 2020.
  26. Feb 10 2020
    Brief amicus curiae of United States filed.
  27. Feb 10 2020
    Brief amici curiae of National Association of Counties, et al. filed.
  28. Feb 07 2020
    Brief amici curiae of Professors Ralph Brubaker, et al. filed.
  29. Feb 03 2020
    Joint appendix filed.
  30. Feb 03 2020
    Brief of petitioner City of Chicago filed.
  31. Dec 18 2019
    Petition GRANTED.
  32. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  33. Nov 25 2019
    Reply of petitioner City of Chicago filed.
  34. Nov 08 2019
    Brief of respondents Robbin L. Fulton, et al. in opposition filed.
  35. Oct 17 2019
    Brief amicus curiae of International Municipal Lawyers' Association filed.
  36. Oct 03 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
  37. Oct 02 2019
    Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
  38. Sep 17 2019
    Petition for a writ of certiorari filed. (Response due October 18, 2019)