Type: Amicus
Date: March 31, 2023
Description: Whether the Bankruptcy Code abrogates tribal sovereign immunity.
Result: Pending
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Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, No. 22-227 (S.Ct.)
Posted by NCBRC - April 28th, 2023
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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. -
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
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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 -
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. -
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. -
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. -
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: PendingHunsaker 9th Cir. NCBRC amicus May 2017
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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 -
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.
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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.
Visit NACBA.org
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.