• National Consumer Bankruptcy Rights Center
  • About
  • Blog
  • Tags
  • Briefs
    • By Category
    • By Code Section
  • Events
  • Resources
  • Contact
  • Numa Corp. v. Diven, No. 22-15298 (9th Cir.)

    Posted by NCBRC - August 10th, 2022

    Type: Amicus
    Date: July 25, 2022
    Description: Sanctions for continuation of tribal case despite automatic stay.
    Result: Judgment affirmed, November 22, 2022.

    Diven 9th Cir Nov 2022

    Diven 9th Cir NCBRC amicus July 2022

  • 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

    Fulton SCt Jan 2021

     

  • Ritzen Group, Inc. v. Jackson Masonry LLC, No. 18-938 (S. Ct.)

    Posted by NCBRC - November 19th, 2019

    Type: Amicus
    Date: October 11, 2019
    Description: Whether denial of a motion for relief from stay is immediately appealable.
    Result: Affirmed. January 14, 2020

    Ritzen SCt Jan 2020

    Ritzen Group NACBA Amicus Oct 2019

  • Smith v. ME Bureau of Revenue Serv., No. 18-1573 (1st Cir.)

    Posted by NCBRC - December 13th, 2018

    Type: Amicus
    Date: August 13, 2018
    Description: Whether termination of the automatic stay applies to property of the estate.
    Result: Judgment affirmed, December 12, 2018.

    Smith 1st Cir Dec 2018

    Smith NACBA Amicus 1st Cir Aug 2018

  • Wade v. Kreisler Law, P.C., No. 18-2564 (7th Cir.)

    Posted by NCBRC - November 13th, 2018

    Type: Amicus
    Date: November 8, 2018
    Description: Whether  termination of stay under 362(c)(3)(A) extends to property of the estate, as well as to the Chapter 13 debtors and the debtors’ property.
    Result: Appeal dismissed for failure to file petition for direct appeal. June 14, 2019.

     

    Wade 7th Cir NACBA Amicus Nov 2018

    Wade 7th Cir June 2019Download

  • Vitalich v. Bank of New York Mellon, No. 16-16584 (9th Cir.)

    Posted by NCBRC - August 28th, 2017

    Type: Amicus
    Date: August 24, 2017
    Description: Whether automatic stay terminate in its entirety after 30 days under section 362(c)(3)(A).
    Result: Pending.

    Vitalich 9th Cir NCBRC Amicus Aug 2017

  • Hunsaker v. United States, No. 16-35991 (9th Cir.)

    Posted by NCBRC - July 11th, 2017

    Type: Amicus
    Date: May 23, 2017
    Description: Whether section 106 waives government immunity from money damages for willful violation of the automatic stay.
    Result: Pending

    Hunsaker 9th Cir. NCBRC amicus May 2017

     

  • In re Weidenbenner, No. 15-244 (S.D. N.Y.)

    Posted by NCBRC - June 28th, 2015

    Type: Amicus
    Date: June 15, 2015
    Description: Whether bankruptcy court erred in ruling that Wells Fargo’s administrative freeze of Chapter 7 debtors’ bank accounts violated the automatic stay.
    Result: Pending

    Weidenbenner SD NY NACBA brief

  • American Servicing Co. v. Schwartz-Tallard, No. 12-60052 (9th Cir.)

    Posted by NCBRC - January 27th, 2015

    Type: Amicus
    Date: January 23, 2015
    Description: Whether a debtor can obtain an award of attorney fees under section 362(k) for prosecuting stay violation. Seeking to overturn Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010).
    Result: Judgment affirmed, August 29, 2015, Petition for rehearing filed September 12, 2014; En banc decision affirming judgment of BAP and overturning Sternberg.

    Schwartz-Tallard opinion

    Schwartz-tallard NACBA 9th Jan 2015

    Schwartz Tallard 9th Cir En banc opinion

  • St. Anne’s Credit Union v. Ackell, No. 12-10720 (D. Mass.)

    Posted by NCBRC - August 3rd, 2012

    Type: Debtor’s brief
    Date: July 13, 2012
    Description: Whether, when debtor files a bankruptcy petition within one year of dismissal, the automatic stay lapses after 30 days only as to the debtor and not as to the property of the estate under section 362(c)(3)(A).
    Result: Judgment reversed and remanded, March 21, 2013

    Ackell debtor’s brief

    Ackell DMass opinion

  • Older posts
  • Search

  • Request Assistance

    Request assistance with a case.

     

  • Help NCBRC

    NCBRC needs your support to protect the rights of consumer bankruptcy debtors. The most effective way to support NCBRC is with a direct donation.

     

     

    There are many other ways to give to NRBRC:

     

    iGive.com: When you purchase items at over 1,400 online stores, a percentage of your purchase will be donated to NCBRC. Stores include Macy’s, Melissa and Doug, Bed Bath & Beyond, Nike, Petsmart, and more. Shop and Give today!

    More ways to help

  • 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

    • Facebook
    • Twitter
    • RSS
  • 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.

    Visit NACBA.org
© 2011 National Consumer Bankruptcy Rights Center