Supreme Court of the United States · Official docket →
John Felix Castleman, Sr., et ux. v. Dennis Lee Burman, Chapter 7 Trustee
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35604 · judgment July 28, 2023
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a dissent in the court below.
Question presented
Whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, the post-petition, pre-conversion increase in value of the debtor’s homestead belongs to the debtor (as the Tenth Circuit held in Rodriguez v. Barrera (In re Barrera), 22 F. 4th 1217 (10th Cir. 2022) or the Chapter 7 estate, and is therefore available for distribution to creditors (as the Ninth Circuit held below).
Counsel of record
For petitioner
Stephen Charles Hathaway
Hathaway Holland Law Firm. PLLC
For respondent
Peter H. Arkison
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 20, 2024 · Certiorari denied
Proceedings
- Feb 20 2024Petition DENIED.
- Jan 10 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 05 2024Waiver of right of respondent Dennis Lee Burman, Chapter 7 Trustee to respond filed.
- Dec 05 2023Petition for a writ of certiorari filed. (Response due January 8, 2024)