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  • Henry v. Educational Financial Service, No. 18-20809 (5th Cir.)

    Posted by NCBRC - May 1st, 2019

    Type: Amicus
    Date: April 12, 2019
    Description: Denial of creditor’s motion to compel arbitration in dishargeability proceeding.
    Result: Pending

    Henry Amicus April 2019

     

  • 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.

    Anderson 2d Cir Opinion March 2018

    Anderson Amicus Brief Feb 2017

  • 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.

    Hayes 4thCir opinion

    Hayes NACBA amicus June 2015

  • 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 NACBA Amicus Petn Rehg April 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.

    Moses 4th Cir opinion

    Moses NACBA amicus

    Moses NACBA Amicus Petn Rehg April 2015

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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.

     

  • Keep up with NCBRC

    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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