Type: Amicus
Date: June 20, 2013
Description: Whether section 1325(b)(4)(B) created a minimum plan length of sixty months for above-median debtors, and whether the disposable income formula set forth by Congress and reflected on Form 22C could be abandoned if it was inconsistent with income and expenses as reflected on Schedules I and J.
Result: Affirmed March 28, 2014
Pliler NACBA amicus
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Pliler v. Browning, No. 13-1445 (4th Cir.)
Posted by NCBRC - July 26th, 2013
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Danielson v. Flores (In re Flores), No. 11-55452 (9th Cir.)
Posted by NCBRC - February 25th, 2013
Type: Amicus
Date: January 23, 2013
Description: Whether applicable commitment period applies to above-median debtor with zero or negative projected disposable income.
Result: Judgment affirmed, August 29, 2013 -
In re Bullard, No. 12-54 (B.A.P. 1st Cir.)
Posted by NCBRC - November 26th, 2012
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) -
Tennyson v. Whaley, No. 09-14628 (11th Cir.)
Posted by NCBRC - September 4th, 2011
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.)
Posted by NCBRC - September 3rd, 2011
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.)
Posted by NCBRC - September 3rd, 2011
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
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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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