March 22, 2010
Hamilton v. Lanning TranscriptThe transcript is here. I will be uploading a summary on Scotus Wiki tomorrow. JH
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Thanks for posting that, Professor Hayes. It seems that the justices were much more "engaged" in the first round of questions with Mr. Hamilton for the Petitioner. Not much seemed to come at the Respondent (not sure whether that's good or bad, with this Court). They took issue with the Amicus by Ms. Harrington for the U.S. Government's "know will happen" compared to "likely to happen" in a lively debate.
The Court seemed to be troubled by (1) a confirmed plan be modified anyway and (2) why make Chapter 13 so difficult if they can get into Chapter 7 with the special circumstances of 707(b). They also acknowledged that the debtor can ask the bankruptcy court to modify the the six-month lookback period, which is, in essence, asking the bankruptcy court to modify the income calculations.
The challenges for the other side did not seem as aggressive.
While one can never really know how the Court will rule based on oral argument, the questioning did seem to favor the debtor a little bit. Maybe the opinion will be in line with that.
Posted by: Hale Andrew Antico | Mar 29, 2010 8:50:00 PM