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Bankruptcy: Schwab v. Reilly
Litigation/Controversy

WilmerHale represents William Schwab, a Chapter 7 bankruptcy trustee, before the Supreme Court in a case addressing (1) whether a debtor who correctly claims that an item of property is exempt from inclusion in the bankruptcy estate up to a certain dollar value, but incorrectly asserts that the value of the property was equal to the amount of the claimed exemption, is limited to exempting the specific amount claimed or whether he may fully exempt the asset, and (2) whether a trustee who wishes to sell the asset must object to the exemption within 30 days. The Third Circuit held that an objection was required and that, because no objection was made in this case, the debtor’s property was exempt in full.

Craig Goldblatt argued the case on November 3, 2009. With him on the brief from WilmerHale were Seth Waxman, Danielle Spinelli and former associates Leslie Garthwaite and Nathan Bruggeman.

Supreme Court Decision

Transcript of Oral Argument

Parties' Briefs