Type: Amicus brief
Date: November 20, 2012
Description: Whether Chapter 13 plan that bifurcates residential lien and pays secured portion outside plan and unsecured portion within plan must pay off entire mortgage within five years.
Result: Judgment affirmed, May 24, 2013, Case dismissed by First Circuit as interlocutory, No. 13-9009 (May 14, 2014); U.S. Supreme Court cert. granted No. 14-116 (Dec. 12, 2014)
NACBA Amicus Brief on Issue of Applicable Commitment Period
NACBA has filed an amicus brief in the case of American Express Centurion Bank v. Henderson, No. 11-35864 (9th Cir.), arguing that a chapter 13 plan for an above-median debtor with negative disposable income need not extend for 60 months under the plain language of Section 1325(b)(4) because there is no “projected disposable income.” [Read more…] about NACBA Amicus Brief on Issue of Applicable Commitment Period
Tennyson v. Whaley, No. 09-14628 (11th Cir.)
Type: Amicus
Date: November 25, 2009
Description: Whether debtor with negative disposable income on Form 22C must file chapter 13 plan with 60 month applicable commitment period.
Result: Reversed and remanded. Debtor lost.
In re Kagenveama, No. 06-17083 (9th Cir.)
Type: Amicus
Date: June 14, 2007
Description: Forward looking vs Mechanical approach to projected disposable income and applicable commitment period.
Result: Affirmed. Debtor won.
Kagenveama 9th Cir opinion
In re Frederickson, No. 07-3391 (8th Cir.)
Type: Amicus
Date: January 8, 2008
Description: Whether applicable commitment period is multiplier or temporal requirement and whether disposable income is projected using schedules I and J.
Result: Reversed. Supreme Court petition denied March 23, 2009.
Frederickson 8th Cir opinion