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Docket for 08-998
No. 08-998
Title:
Jan Hamilton, Chapter 13 Trustee, Petitioner
v.
Stephanie Kay Lanning
Docketed:February 5, 2009
Lower Ct:United States Court of Appeals for the Tenth Circuit
  Case Nos.:(08-3009)
  Decision Date:November 13, 2008
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
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



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Jan Hamilton P.O. Box 3527(785) 234-1551
    Counsel of RecordTopeka, KS  66601-3527
jan.hamilton@topeka13trustee.com
Party name: Jan Hamilton, Chapter 13 Trustee
Attorneys for Respondent:
Thomas C. Goldstein Akin Gump Strauss Hauer & Feld, LLP(202) 887-4060
    Counsel of Record1333 New Hampshire Avenue, N.W.
Washington, DC  20036
tgoldstein@akingump.com
Party name: Stephanie Kay Lanning
Other:
Sarah Elaine Harrington Assistant to the Solicitor General
Department of Justice
Washington, DC  20530
Party name: Jan Hamilton, Chapter 13 Trustee v. Stephanie Kay Lanning
 
Elena Kagan Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
 
Jonathan L. Marcus Covington & Burling, LLP(202) 662-6000
1201 Pennsylvania Avenue, NW
Washington, DC  20004
jmarcus@cov.com
Party name: National Association of Consumer Bankruptcy Attorneys
 
Ned Warren Waxman College of William and Mary, Mason School of Business(757) 221-2859
P.O. Box 8795
Williamsburg, VA
Party name: Professor Ned W. Waxman

 

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