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: Pending
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Stevens v. Whitmore, No. 20-60044 (9th Cir.)
Posted by NCBRC - March 1st, 2021
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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: Pending. -
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: Pending -
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
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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: Pending -
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 -
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. -
Diaz v. Viegelahn, No. 19-50982 (5th Cir.)
Posted by NCBRC - January 28th, 2020
Type: Amicus
Date: January 21, 2020
Description: Whether the district’s form Chapter 13 plan violated the Bankruptcy Code by requiring the debtor to turn over any tax refund to the extent the debtor’s total annual tax refunds exceeded $2,000, if the plan did not provide for full payment of unsecured claims.
Result: Vacated and Remanded, August 26, 2020. -
Munch v. Educ. Credit Mgmt Corp., No. 18-56300 (9th Cir.)
Posted by NCBRC - December 6th, 2019
Type: Amicus
Date: December 3, 2019
Description: Whether court misapplied the Brunner elements when addressing undue hardship in student loan case, and whether Brunner is outdated.
Result: Pending -
Burciaga v. Moglia (In re Burciaga), No. 19-2246 (7th Cir.)
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: September 17, 2019
Description: Whether property of a debtor is exempt under 522(b)(3)(A) if applicable state law provides that the property is not subject to any collection action.
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.
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