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Dustin Jade Wells v. Kathleen A. McCallister

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35984 · judgment December 3, 2021

Certiorari denied · May 1, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

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.

Counsel of record

For petitioner
Amanda Kelly Rice
Jones Day

For respondent
Kathleen Ann McCallister
Chapter 13 Trustee, District of Idaho

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 01 2023
    Motion for leave to file amicus brief filed by Central District Consumer Bankruptcy Attorneys Association GRANTED.
  2. May 01 2023
    Petition DENIED.
  3. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  4. Apr 12 2023
    Supplemental brief of petitioner Dustin Jade Wells filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. Mar 29 2023
    Brief amicus curiae of United States filed.
    Main DocumentCertificate of Word Count
  6. Oct 11 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  8. Sep 20 2022
    Reply of petitioner Dustin Jade Wells filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  9. Sep 01 2022
    Brief of respondent Kathleen A. McCallister in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Aug 02 2022
    Response Requested. (Due September 1, 2022)
  11. Jun 22 2022
    DISTRIBUTED for Conference of 9/28/2022.
  12. Jun 17 2022
    Motion for leave to file amicus brief filed by Central District Consumer Bankruptcy Attorneys Association.
    Main DocumentMain DocumentCertificate of Word CountProof of Service
  13. Jun 09 2022
    Waiver of right of respondent Kathleen A. McCallister to respond filed.
    Main Document
  14. May 12 2022
    Petition for a writ of certiorari filed. (Response due June 15, 2022)
    PetitionAppendixCertificate of Word CountProof of Service