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Decided

Hamilton v. Lanning

Docket No.08-998
Op. Below10th Circuit
ArgumentMar 22, 2010

Holding

The Court held that a debtor "projected? income refers to future calculations based on actual income rather than those based on past income over a period of years.

Judgment

Affirmed, 8-1, in an opinion by Samuel Alito on Jun 7, 2010. Justice Scalia dissented.

Proceedings & orders timeline

Feb 3, 2009
Petition for a writ of certiorari filed. (Response due March 9, 2009)
Feb 3, 2009
Supplemental appendix of Jan Hamilton, Chapter 13 Trustee filed.
Mar 25, 2009
DISTRIBUTED for Conference of April 17, 2009.
Apr 2, 2009
Response Requested . (Due May 4, 2009)
May 19, 2009
Letter of April 20, 2009, from counsel for Stephanie Kay Lanning received.
May 26, 2009
DISTRIBUTED for Conference of June 11, 2009.
Jun 15, 2009
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 29, 2009
Brief amicus curiae of United States filed.
Oct 14, 2009
DISTRIBUTED for Conference of October 30, 2009.
Nov 2, 2009
Petition GRANTED limited to the following question: Whether, in calculating the debtor's "projected disposable income" during the plan period, the bankruptcy court may consider evidence suggesting that the debtor's income or expenses during that period are likely to be different from her income or expenses during the pre-filing period.
Dec 10, 2009
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including December 21, 2009.
Dec 10, 2009
The time within which to file respondent's brief on the merits is extended to and including January 22, 2010.
Dec 21, 2009
Joint appendix filed. (Statement of costs filed)
Dec 21, 2009
Brief of petitioner Jan Hamilton, Chapter 13 Trustee filed.
Dec 28, 2009
Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys in support of neither party filed.
Jan 4, 2010
SET FOR ARGUMENT ON Monday, March 22, 2010.
Jan 12, 2010
The time within which to file respondent's brief on the merits is further extended to and including January 27, 2010.
Jan 27, 2010
Brief of respondent Stephanie Kay Lanning filed.
Jan 28, 2010
Brief amicus curiae of Professor Ned W. Waxman filed.
Feb 3, 2010
Brief amicus curiae of United States filed.
Feb 3, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 5, 2010
Record received from U.S.Bankrutcy Appellate Panel of for Tenth Circuit. (1 envelope)
Feb 22, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 23, 2010
CIRCULATED.
Feb 26, 2010
Reply of petitioner Jan Hamilton, Chapter 13 Trustee filed. (Distributed)
Mar 22, 2010
Argued. For petitioner: Jan Hamilton, Topeka, Kan. For respondent: Thomas C. Goldstein, Washington, D. C.; and Sarah Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 7, 2010
Adjudged to be AFFIRMED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion.
Jul 9, 2010
JUDGMENT ISSUED.
Jul 9, 2010
Record returned to U.S.C.A. for Tenth Circuit. 2-boxes

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