Decided
Milavetz, Gallop & Milavetz, P.A. v. United States; United States v. Milavetz, Gallop, & Milavetz, P.A.
Holding
Lawyers cannot advise their clients to incur more debt in bad faith, but they can do so in good faith i.e., if there is a valid reason to do so other than to have the debt discharged by a bankruptcy court.
Judgment
Affirmed in part, reversed in part, and remanded, 9-0, in an opinion by Sonia Sotomayor on Mar 8, 2010. Justices Scalia and Thomas joined in part, and filed opinions concurring in part and concurring in the judgment.
Merits Briefs
- Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)
- Brief for Respondent United States of America
- Reply Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)
Amicus Briefs
- Brief for the American Bar Association in Support of Petitioner (in 08-1119 only)
- Brief for the Commercial Law League of America in Support of Petitioner (in 08-1119 only)
- Brief for the Public Good, the Center for Science in the Public Interest, the Environmental Law Foundation, and the Center for Environmental Health in Support of Respondent (in 08-1119 only)
[##CERT-STAGE##]
Mar 5, 2009Petition for a writ of certiorari filed. (Response due April 8, 2009)
Apr 3, 2009Order extending time to file response to petition to and including May 8, 2009.
May 8, 2009Brief of respondent United States in opposition filed.
May 19, 2009DISTRIBUTED for Conference of June 4, 2009.
Jun 8, 2009Petition GRANTED The petition for a writ of certiorari in No. 08-1225 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jul 2, 2009The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including August 25, 2009.
Jul 2, 2009The time within which to file respondent's brief on the merits is extended to and including October 21, 2009.
Jul 2, 2009Joint motion to amend the briefing schedule and expand the word limits filed. VIDED.
Jul 27, 2009Motion of the parties to amend the briefing schedule and expand the word limits GRANTED. Petitioners in No. 08-1119 will file an opening brief, not to exceed 20,000 words, on or before August 25, 2009. Petitioner in No. 08-1225 will file a response brief, not to exceed 20,000 words, on or before October 21, 2009. Petitioners in No. 08-1119 will file a reply brief, not to exceed 10,000 words, on or before November 20, 2009.
Aug 24, 2009Joint appendix filed (statement of costs received.) VIDED.
Aug 25, 2009Brief of petitioners Milavetz, Gallop & Milavetz, P.A., et al. filed. VIDED.
Aug 27, 2009Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners. VIDED.
Aug 28, 2009Brief amici curiae of National Association of Consumer Bankruptcy Attorneys, et al. filed. VIDED.
Sep 1, 2009Brief amicus curiae of Commercial Law League of America filed.
Sep 1, 2009Brief amicus curiae of American Bar Association filed.
Sep 28, 2009SET FOR ARGUMENT ON Tuesday, December 1 , 2009.
Sep 29, 2009CIRCULATED
Oct 21, 2009Record received from U.S.C.A. for the 8th Circuit.
Oct 21, 2009Brief of respondent United States filed. VIDED. (Distributed)
Oct 28, 2009Brief amici curiae of Public Good, et al. filed. (Distributed) VIDED.
Nov 20, 2009Reply of petitioners Milavetz, Gallop & Milavetz, P.A., et al. filed. VIDED. (Distributed)
Nov 24, 2009U.S.D.C. for the District of Minnesota is electronic.
Dec 1, 2009Argued. For petitioners in No. 08-1119 and respondents in No. 08-1225: G. Eric Brunstad, Jr., Hartford, Conn. For respondents in No. 08-1119 and petitioner in No. 08-1225: William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Mar 8, 2010Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, in which Scalia, J., joined except for n. 3, and in which Thomas, J., joined except for Part III-C. Scalia, J., and Thomas, J., filed opinions concurring in part and concurring in the judgment.
Apr 9, 2010JUDGMENT ISSUED.
Recommended Citation: Milavetz, Gallop & Milavetz, P.A. v. United States; United States v. Milavetz, Gallop, & Milavetz, P.A., SCOTUSblog, https://www.scotusblog.com/cases/milavetz-gallop-united-states-v-milavetz-gallop-milavetz-p-a/