Type: Amicus
Date: February 28, 2023
Description: Permissibility of nonstandard Chapter 13 plan provision providing that estate property vested in the debtor upon plan confirmation.
Status: Pending
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Trantham v. Tate (In re Trantham), No. 22-2263 (4th Cir.)
Posted by NCBRC - March 14th, 2023
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City of Chicago v. Moore, Nos. 17-3663, 17-3664 (7th Cir.)
Posted by NCBRC - June 7th, 2018
Type: Amicus
Date: May 21, 2018
Description: Whether court may confirm plan in which property does not re-vest in debtor. Whether the bankruptcy court erred, in multiple cases, in denying the city’s motion for allowance and payment of administrative expense claim based on traffic tickets issued after debtor’s Chapter 13 petition was filed.
Result: Pending -
In re Escarcega, No. 16-1333 (B.A.P. 9th)
Posted by NCBRC - February 6th, 2017
Type: Amicus
Date: January 27, 2017
Description: Whether in the absence of objection, a chapter 13 plan must specify a duration.
Result: Judgment affirmed, September 6, 2017. Debtor lost. -
Bullard v. Blue Hills Bank, No. 14-116 (USSCt)
Posted by NCBRC - February 9th, 2015
Type: Amicus
Date: February 1, 2015
Description: Whether denial of confirmation is final, appealable, order.
Result: Judgment affirmed, May 4, 2015 -
Bell v. Fitzgerald, No. 10-10870 (D. Mass)
Posted by NCBRC - September 1st, 2011
Type: Amicus
Date: June 10, 2011
Description: Whether “property distribution” under section 1325(a) may be satisfied by issuance of new Note.
Result: Affirmed. Debtor lost.
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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 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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