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Kate Marie Bartenwerfer v. Kieran Buckley

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-60021, 20-60023, 20-60024 · judgment August 12, 2021

Decided · February 22, 2023
Pre-decision estimate: 11% cert probability (95% interval 8%–14%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

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

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Zachary D. Tripp
Weil, Gotshal & Manges LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
6 merits
(4 supporting pet./neither, 2 respondent)

Argument & decision

Argued December 6, 2022 — Sarah M. Harris · Zachary D. Tripp. Audio and transcript

Decided February 22, 2023.

Proceedings

  1. Mar 27 2023
    Judgment issued.
    Main Document
  2. Feb 22 2023
    Adjudged to be AFFIRMED. Barrett, J., filed an opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
  3. Dec 06 2022
    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.)
  4. Nov 01 2022
    Record received from the U.S.C.A. 9th Circuit. The record is available on PACER.
  5. Oct 28 2022
    Record requested from the U.S.C.A. 9th Circuit.
  6. Oct 25 2022
    CIRCULATED.
  7. Oct 24 2022
    Reply of petitioner Kate Bartenwerfer filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Oct 18 2022
    SET FOR ARGUMENT on Tuesday, December 6, 2022.
  9. Oct 11 2022
    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.
  10. Sep 29 2022
    Brief amicus curiae of United States filed.
    Main DocumentCertificate of Word Count
  11. Sep 29 2022
    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.
    Main DocumentProof of Service
  12. Sep 29 2022
    Brief amici curiae of Professors Lawrence Ponoroff, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Sep 22 2022
    Brief of respondent Kieran Buckley filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Jul 26 2022
    Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  15. Jul 26 2022
    Brief amicus curiae of Robert E. Zuckerman filed.
    Main DocumentCertificate of Word CountProof of Service
  16. Jul 26 2022
    Brief amici curiae of Law Professors filed.
    Main DocumentProof of ServiceCertificate of Word Count
  17. Jul 21 2022
    Brief amici curiae of The Hon. Judith Fitzgerald (Ret.), et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  18. Jul 19 2022
    Brief of petitioner Kate Bartenwerfer filed.
    Main DocumentCertificate of Word CountProof of Service
  19. Jul 19 2022
    Joint appendix filed. (Statement of costs filed)
    Main DocumentProof of Service
  20. 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.
  21. Jun 01 2022
    Blanket Consent filed by Respondent, Kieran Buckley
    Blanket Consent
  22. Jun 01 2022
    Blanket Consent filed by Petitioner, Kate Bartenwerfer
    Blanket Consent
  23. May 17 2022
    Motion for an extension of time to file the briefs on the merits filed.
    Main Document
  24. May 02 2022
    Petition GRANTED.
  25. Apr 25 2022
    DISTRIBUTED for Conference of 4/29/2022.
  26. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  27. Mar 21 2022
    Brief of respondent Kieran Buckley in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  28. 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.
  29. Jan 21 2022
    Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk.
    Main Document
  30. Jan 19 2022
    Response Requested. (Due February 18, 2022)
  31. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  32. Dec 23 2021
    Waiver of right of respondent Kieran Buckley to respond filed.
    Main Document
  33. Dec 17 2021
    Petition for a writ of certiorari filed. (Response due January 20, 2022)
    PetitionAppendixCertificate of Word CountProof of Service