Figliulo & Silverman Attorneys Win Case Before United States Supreme Court.

Jim Figliulo argued before the high court in Washington D.C. and won a unanimous decision in favor of his client, the respondent in Kontrick v. Ryan. The question presented to the Court was whether a bankruptcy debtor forfeits his right to assert an affirmative defense based on the untimeliness of an objection to his discharge in bankruptcy, if that defense is not raised until after a ruling on the merits. Due to conflicting decisions on this issue among the lower courts around the country, the Supreme Court took the case and heard arguments on November 3, 2003.

Agreeing with the position advanced by the firm's attorneys, Jim Figliulo and Jim Bowhay, the Supreme Court affirmed the decision in favor of their client. In the unanimous opinion written by Justice Ginsberg, the Court held that a debtor in bankruptcy forfeits the right to rely on the time limitation if the debtor does not raise the Rules time limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge.

"Arguing a case before the United States Supreme Court is one of the truly exhilarating professional experiences a lawyer can have," noted Jim Figliulo.

"Preparing a brief for the consideration by the high court was a unique and satisfying challenge," said Jim Bowhay. That preparation included working with highly skilled co-counsel as well as the Office of the Solicitor General of the United States, which filed an amicus curiae brief in support of the firm's position. The firm's attorneys also participated in two "moot courts" or practice arguments in Chicago and Washington prior to its presentation to the Court.

The Supreme Court hears and issues written opinions in only 80 to 90 cases in a term, from the more than 7,000 cases submitted for review each year.

Figliulo & Silverman became involved in the case only after the Supreme Court had been petitioned to hear the case.

The Supreme Court's decision in this case is available here. A transcript of the oral argument is available here. Respondent's brief prepared by Figliulo & Silverman attorneys is available here.