Type: Amicus
Date: February 28, 2023
Description: Permissibility of nonstandard Chapter 13 plan provision providing that estate property vested in the debtor upon plan confirmation.
Status: Pending
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Trantham v. Tate (In re Trantham), No. 22-2263 (4th Cir.)
Posted by NCBRC - March 14th, 2023
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Goetz v. Weber (In re Goetz), No. 22-6009 (B.A.P. 8th Cir.)
Posted by NCBRC - February 9th, 2023
Type: Amicus
Date: January 27, 2023
Description: Whether a postpetition increase in non-exempt equity in estate property belongs to the Chapter 7 estate, rather than to the debtor, where a bankruptcy case commenced under Chapter 13 is later converted to Chapter 7.
Result: Pending -
Bruce v. Citigroup, Inc., No. 22-1000 (2d Cir.)
Posted by NCBRC - November 30th, 2022
Type: Amicus
Date: November 23, 2022
Description: Whether bankruptcy court has authority to adjudicate a national class action claim for a violation of the discharge injunction. Debtor is the appellee.
Result: Pending. -
Silla v. Ghazvini, No. 22-1092 (BAP 9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 25, 2022
Description: Interest rate on arrears
Result: Pending -
Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 25, 2022
Description: Sanctions for continuation of tribal case despite automatic stay.
Result: Judgment affirmed, November 22, 2022. -
Evans v. McCallister, No. 22-35216 (9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 6, 2022
Description: Whether the bankruptcy court erred in ruling that the Chapter 13 trustee may not retain a fee in a case dismissed prior to confirmation of a plan.
Result: Pending -
Soussis v. Macco, No. 22-155 (2d Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: April 21, 2022
Description: Whether a Chapter 13 trustee is entitled to an award of the trustee’s statutory fee in a case that is dismissed prior to confirmation of a plan.
Result: Pending -
Bartenwerfer v. Buckley, No. 21-908 (USSCt)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 26, 2022
Description: Whether a bankruptcy debtor can be held liable for another person’s fraud, which cannot be discharged in bankruptcy, even when she was not aware of the fraud.
Result: Pending -
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: Judgment affirmed, January 18, 2023. -
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
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HAVEN Act Guide
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.
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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.
Visit NACBA.org
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.