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  • Goodman v. Doll, No. 22-1004 (10th Cir.)

    Posted by NCBRC - April 6th, 2022

    Type: Amicus
    Date: April 6, 2022
    Description: Whether Chapter 13 trustee is entitled to statutory commission in case dismissed prior to plan confirmation.
    Result: Pending

    Doll Amicus

  • PHH Mort. Corp. v. Sensenich (In re Gravel), Nos. 20-1, 20-2, 20-3 (2d Cir.)

    Posted by NCBRC - October 15th, 2021

    Type: Amicus
    Date: September 24, 2021
    Description: Whether mortgage creditor committed sanctionable conduct when it engaged in “fee harvesting” practice.
    Result: Pending

    Gravel Amicus Sept 2021

  • Gunsalus v. County of Ontario, No. 20-3865 (2d Cir.)

    Posted by NCBRC - June 23rd, 2021

    Type: Amicus
    Date: May 22, 2021
    Description: Whether New York strict foreclosure law results in unfair windfall to county tax authority.
    Result: Pending

    Gunsalus NACBA amicus May 2021

  • Stevens v. Whitmore, No. 20-60044 (9th Cir.)

    Posted by NCBRC - March 1st, 2021

    Type: Amicus
    Date: February 26, 2021
    Description: Whether chapter 7 trustee abandons cause of action asset under section 554(c) when the cause of action is fully disclosed and he determines that it lacks value to the estate, but the debtors listed the asset in their SOFA rather than in their schedules.
    Result: Judgment affirmed, Oct. 19, 2021.

    Stevens Decision (9th) Oct 2021

    Stevens 9th Cir Amicus Feb 2021

  • McCoy v. U.S.A., No. 20-886 (S.Ct.)

    Posted by NCBRC - February 18th, 2021

    Type: Amicus
    Date: January 29, 2021
    Description: What is the proper test for determining undue hardship for the discharge of student loans.
    Result: Petition denied, June 21, 2021.

    McCoy Amicus SCt Jan 2021

  • Rodriguez v. Barrera, No. 20-1376 (10th Cir.)

    Posted by NCBRC - February 2nd, 2021

    Type: Amicus
    Date: January 14, 2021
    Description: Whether proceeds from sale of homestead before conversion from 13 to 7 are property of the estate.
    Result: Judgment affirmed, January 19, 2022

    Barrera 10th Cir Jan 2022

    Barrera Amicus Brief 10th Cir Jan 2021

  • City of Chicago v. Fulton, No. 19-357 (USSCt)

    Posted by NCBRC - January 18th, 2021

    Type: Amicus
    Date: March 11, 2020
    Description: Whether Creditor’s retention of impounded vehicle violates the automatic stay.
    Result: Judgment vacated and remanded, January 14, 2021.

    Fulton SCt NACBA Amicus March 2020

    Fulton SCt Jan 2021

     

  • PHH Mortgage Corp. v. Sensenich (In re Gravel), 20-1, 20-2, 20-3 (2d Cir.)

    Posted by NCBRC - October 6th, 2020

    Type: Amicus
    Date: August 13, 2020
    Description: Whether PHH was properly sanctioned for its fee harvesting practice.
    Result: Judgment vacated and reversed. August 2, 2021

    Gravel 2d Cir Aug 2021

    Gravel 2d Cir Concur Dissent

    Gravel 2d Cir NACBA amicus Aug 2020

  • Bobka v. Toyota Motor Credit Corp., No. 18-55688 (9th Cir.)

    Posted by NCBRC - August 4th, 2020

    Type: Amicus
    Date: July 31, 2018
    Description: Whether chapter 7 debtor who assumes vehicle lease under section 365(p) waives his right to discharge.
    Result: Affirmed August 3, 2020
    Bobka 9th Cir Aug 2020

    Bobka NACBA amicus

  • Todeschi v. Juarez, No. 19-60051 (9th Cir.)

    Posted by NCBRC - May 29th, 2020

    Type: Amicus
    Date: April 10, 2020
    Description: Whether section 1129(b)(2)(B)(ii) requires debtors to offer new value for exempt property.
    Result: Pending.

    Juarez 9th Cir NACBA Amicus

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  • HAVEN Act Guide

    HAVEN Act Guide 2019

     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. 

    This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.

     

  • Keep up with NCBRC

    Cases In Review January 2021

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  • Thank you!

    Thank you to the following organizations without whose support our work would not be possible.

     

    American College of Bankruptcy
    The American College of Bankruptcy is an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities.  Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States.

     

    NACBA
    The only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA has more than 3,000 members located in all 50 states and Puerto Rico.

     

    O. Max Gardner Foundation, Inc.
    The O. Max Gardner Foundation, Inc. provides financial support to institutions devoted to charitable, scientific, literary or educational purposes.  NCBRC has been a recipient of grant awards from the foundation.

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