Decided
Schwab v. Reilly
Holding
Someone who files for bankruptcy is allowed to retain the value of certain property that would otherwise be sold to pay her debts, up to a certain dollar limit. If the debtor initially declares that the property is worth less than that limit, but it turns out that the property is worth more than the limit, the trustee administering the bankruptcy process can keep the money above the limit for the creditors, even if the trustee did not object initially when the debtor first declared the property's value.
Judgment
Reversed and remanded, 6-3, in an opinion by Clarence Thomas on Jun 17, 2010. Justice Ginsburg dissented, joined by Chief Justice Roberts and Justice Breyer.
Merits Briefs
- Brief for Petitioner William G. Schwab, Esquire, Trustee for Nadeja Reilly
- Brief for Respondent Nadejda Reilly
- Reply Brief for Petitioner William G. Schwab, Esquire, Trustee for Nadeja Reilly
Amicus Briefs
- Brief for the National Association of Bankruptcy Trustees in Support of Petitioner
- Brief for the United States in Support of Petitioner
- Brief for the National Association of Consumer Bankruptcy Attorneys and Professor Kenneth N. Klee, Robert M. Lawless, Richard Lieb, and Michael D. Sousa in Support of Respondent
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Related Coverage
Oct 20, 2008Petition for a writ of certiorari filed. (Response due November 24, 2008)
Nov 24, 2008Brief amicus curiae of National Association of Brankruptcy Trustees filed.
Dec 10, 2008DISTRIBUTED for Conference of January 9, 2009.
Dec 18, 2008Response Requested . (Due January 21, 2009)
Jan 13, 2009Order extending time to file response to petition to and including February 20, 2009.
Jan 28, 2009Order further extending time to file response to petition to and including March 23, 2009.
Mar 23, 2009Brief of respondent Nadejda Reilly in opposition filed.
Apr 7, 2009Reply of petitioner William G. Schwab filed.
Apr 8, 2009DISTRIBUTED for Conference of April 24, 2009.
Apr 27, 2009Petition GRANTED limited to Questions 1 and 2 presented by the petition.
May 20, 2009The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 10, 2009.
May 20, 2009The time within which to file respondent's brief on the merits is extended to and including September 18, 2009.
Jul 10, 2009Joint appendix filed. (Statement of costs received)
Jul 10, 2009Brief of petitioner William G. Schwab filed.
Jul 17, 2009Brief amicus curiae of United States filed.
Jul 17, 2009Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the respondent.
Jul 17, 2009Brief amicus curiae of National Association of Brankruptcy Trustees filed.
Jul 17, 2009Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Aug 17, 2009SET FOR ARGUMENT Tuesday, November 3, 2009
Aug 17, 2009CIRCULATED.
Aug 24, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 18, 2009Brief of respondent Nadejda Reilly filed. (Distributed)
Sep 25, 2009Brief amici curiae of National Association of Consumer Bankruptcy Attorneys, et al. filed. (Distributed)
Oct 2, 2009Record received from the U.S.C.A. for the Third Circuit and the U.S.D.C. record is included (1 envelope and 1 CD).
Oct 5, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 19, 2009Reply of petitioner William G. Schwab filed. (Distributed)
Nov 3, 2009Argued. For petitioner: Craig Goldblatt, Washington, D.C.; and Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: G. Eric Brunstad, Jr., Hartford, Conn.
Jun 17, 2010Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Alito, and Sotomayor, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Roberts, C. J., and Breyer, J., joined.
Jul 19, 2010JUDGMENT ISSUED.
Aug 2, 2010Record returned to U.S.C.A. for 3rd Circuit.
Recommended Citation: Schwab v. Reilly, SCOTUSblog, https://www.scotusblog.com/cases/schwab-v-reilly/