Type: Amicus
Date: April 12, 2019
Description: Denial of creditor’s motion to compel arbitration in dishargeability proceeding.
Result: Pending
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Henry v. Educational Financial Service, No. 18-20809 (5th Cir.)
Posted by NCBRC - May 1st, 2019
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Anderson v. Credit One Bank, No. 16-2496 (2d Cir.)
Posted by NCBRC - March 6th, 2017
Type: Amicus
Date: February 27, 2017
Description: Whether a predispute arbitration agreement strip a court of the inherent power of contempt to enforce its own orders.
Result: Affirmed and remanded, March 7, 2018. -
Hayes v. Delbert Services Corp. No. 15-1170 & 15-1217 (4th Cir.)
Posted by NCBRC - January 26th, 2016
Type: Amicus
Date: June 17, 2015
Description: Whether Western Sky’s arbitration provision is enforceable.
Result: Reversed and remanded, February 2, 2016. Debtor won. -
Moses v. Cash Call, No. 14-1195 (4th Cir.)
Posted by NCBRC - June 29th, 2015
Type: Amicus on petition for rehearing
Date: April 7, 2015
Description: Whether CashCall entitled to arbitration pursuant to lending agreement where debtor filed adversary complaint seeking judgment that agreement illegal and void.
Result: Affirmed in part, reversed in part. March 16, 2015; Debtor’s petition for rehearing denied April 27, 2015. -
Moses v. CashCall, No. 14-1195 (4th Cir.)
Posted by NCBRC - March 19th, 2015
Type: Amicus
Date: July 9, 2014
Description: Whether CashCall entitled to arbitration pursuant to lending agreement where debtor filed adversary complaint seeking judgment that agreement illegal and void.
Result: Affirmed in part, reversed in part. March 16, 2015; Debtor’s petition for rehearing denied April 27, 2015.
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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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