Decided
Keathley v. Buddy Ayers Construction, Inc.
Holding
To determine whether an omission of a claim in the bankruptcy context was inadvertent or mistaken for purposes of the judicial estoppel doctrine, courts should look to the totality of the circumstances surrounding the omission; the the U.S. Court of Appeals for the 5th Circuit erred in narrowing its inquiry in this case to whether the debtor had knowledge of the underlying facts or a potential motive to conceal the claim.
Judgment
Vacated and remanded, 9-0, in an opinion by Ketanji Brown Jackson on Jun 11, 2026. Justice Thomas wrote a concurring opinion, joined by Justice Gorsuch. Justice Sotomayor wrote a concurring opinion.
Vote
9
0
JacksonRobertsThomasAlitoSotomayorKaganGorsuchKavanaughBarrett
Related Coverage
Jun 27, 2025Petition for a writ of certiorari filed. (Response due July 31, 2025)Jul 11, 2025Motion to extend the time to file a response from July 31, 2025 to September 2, 2025, submitted to The Clerk.
Jul 14, 2025Motion to extend the time to file a response is granted and the time is extended to and including September 2, 2025.
Sep 2, 2025Brief of respondent Buddy Ayers Constr., Inc., in opposition filed.Sep 16, 2025Reply of petitioner Thomas Keathley filed. (Distributed)Sep 17, 2025DISTRIBUTED for Conference of 10/10/2025.
Oct 14, 2025DISTRIBUTED for Conference of 10/17/2025.
Oct 20, 2025Petition GRANTED.
Oct 23, 2025Motion for an extension of time filed.Oct 31, 2025Motion 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 December 12, 2025. The time to file respondent's brief on the merits is extended to and including January 20, 2026.
Dec 8, 2025Amicus brief of The Honorable Melanie Cyganowski (Ret.), et al., not accepted for filing. (To be corrected - December 10, 2025)
Dec 8, 2025Brief amici curiae of The Honorable Melanie Cyganowski (Ret.), et al. filed. (Corrected)Dec 12, 2025Brief of petitioner Thomas Keathley filed.Dec 12, 2025Joint appendix filed.Dec 19, 2025Brief amicus curiae of United States supporting vacatur filed.Dec 19, 2025Brief amici curiae of National Association of Bankruptcy Trustees, et al. filed.Dec 19, 2025Brief amici curiae of National Consumer Bankruptcy Rights Center, et al. filed.Dec 19, 2025Brief amicus curiae of American Association for Justice filed.Jan 2, 2026Motion for a further extension of time to file respondent's brief on the merits filed.Jan 9, 2026Motion for a further extension of time within which to file respondent's brief on the merits is granted and the time is extended to and including January 27, 2026.
Jan 27, 2026Brief of respondent Buddy Ayers Constr., Inc. filed.Jan 29, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Jan 30, 2026SET FOR ARGUMENT on Tuesday, March 24, 2026.
Feb 4, 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 11, 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 23, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 23, 2026Record received from the United States District Court for the Northern District of Mississippi. The record is electronic and is available on PACER.
Feb 25, 2026CIRCULATED
Feb 26, 2026Reply of petitioner Thomas Keathley filed. (Distributed)Mar 24, 2026Argued. For petitioner: Gregory G. Garre, Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: William M. Jay, Washington, D. C.
Jun 11, 2026Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a concurring opinion.
Jul 13, 2026Judgment Issued.Recommended Citation: Keathley v. Buddy Ayers Construction, Inc., SCOTUSblog, https://www.scotusblog.com/cases/keathley-v-buddy-ayers-construction-inc/