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  • 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

  • In re Woodward, No. 15-6001 (B.A.P. 8th Cir.)

    Posted by NCBRC - June 29th, 2015

    Type: Amicus
    Date: May 12, 2015
    Description: Whether absolute priority rule applies to individuals in chapter 11
    Result: Judgment reversed and remanded, August 13, 2015

    Woodward BAP 8th NACBA Amicus

    Woodward 8th BAP opinion

  • In re Stephens, No. 11-6309 (10th Cir.)

    Posted by NCBRC - May 30th, 2012

    Type: Amicus
    Date: May 21, 2012
    Description: Whether absolute priority rule applies to individual debtors in chapter 11.
    Result: Judgment reversed and remanded, January 15, 2013
    Stephens 10th Cir NACBA amicus

    Stephens opinion

  • In re Maharaj, No. 11-1747 (4th Cir.)

    Posted by NCBRC - November 27th, 2011

    Type: Amicus
    Date: November 21, 2011
    Description: Applicability of absolute priority rule to individual debtor in chapter 11.
    Result: Judgment affirmed (June 14, 2012)

    Maharaj 4th Cir. opinion
    Maharaj NACBA brief

  • In re Stephens, No. 11-29 (B.A.P. 10th Cir.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: August 22, 2011
    Description: Application of absolute priority rule to individual chapter 11 debtors.
    Result: Certified for direct appeal to Tenth Circuit, October 7, 2011

    Stephens NACBA 10th BAP amicus

  • In re Friedman, No. 11-1149 (B.A.P. 9th Cir.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: June 21, 2011
    Description: Application of absolute priority rule in individual chapter 11 case.
    Result: Reversed and remanded, March 19, 2012

    Friedman 9th BAP NACBA amicus
    Friedman 9th BAP opinion

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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.

     

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    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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