Type: Amicus
Date: October 5, 2017
Description: Whether court erred in applying California’s community property presumption rather than record title presumption to find that property owned by debtor and his non-debtor spouse was part of bankruptcy estate in its entirety.
Result: Affirmed in part, vacated in part, Nov. 9, 2020.
Brace v. Speier, No. 17-60032 (9th Cir.)
Posted by NCBRC - October 16, 2017
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The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
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