Type: Amicus
Date: November 23, 2022
Description: Whether bankruptcy court has authority to adjudicate a national class action claim for a violation of the discharge injunction. Debtor is the appellee.
Result: Pending.
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Bruce v. Citigroup, Inc., No. 22-1000 (2d Cir.)
Posted by NCBRC - November 30th, 2022
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Sterling v. Southlake Nautilus Health and Racquett Club, Inc. , No. 18-2773 (7th Cir.)
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: February 6, 2019
Description: Whether the bankruptcy court erred in ruling that a creditor and its law firm did not violate the discharge injunction when, after the Chapter 7 debtor’s discharge, she was arrested pursuant to a state court bench warrant that had been issued in supplemental collection proceedings against the debtor in state court.
Result: Pending -
Bankruptcy Court holds Debtor is Entitled to Chapter 13 Discharge even if Co-Debtor is Delinquent on Post-Petition DSO Payments
Posted by NCBRC - February 15th, 2019
A bankruptcy court recently reviewed the issue whether a debtor can receive a discharge under § 1328 even if her co-debtor husband is delinquent on a post-petition DSO payment. The court examined the requirements for discharge using the plain language of § 1328(a).
In this case the debtors, Mr. and Mrs. Hernandez, filed a joint chapter 13 bankruptcy. At filing neither owed a DSO. Approximately two years into their confirmed plan, Mr. Hernandez became liable for a DSO and subsequently fell behind in those payments. Both parties were aware of the DSO and neither reported the delinquency to their attorney nor the trustee.
After completion of the plan payments, Mrs. Hernandez moved for entry of discharge pursuant to 11 U.S.C. § 1328(a). The Trustee objected arguing Mrs. Hernandez was unjustly enriched and that failure to amend the plan demonstrates bad faith. No party disputed that all plan payments were made.
To read more and access the opinion click here.
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Taggart v. Lorenzen, No. 18-489 (USSCt)
Posted by NCBRC - November 30th, 2018
Type: Amicus
Date: November 15, 2018
Description: Whether creditor’s unreasonable belief that conduct did not violate discharge injunction precludes finding of contempt.
Result: Vacated and Remanded, June 3, 2019. On remand, affirmed, No. 16-35402 (9th Cir. Nov. 24, 2020). -
Richardson v. Priderock Capital Partners, No. 18-1099 (4th Cir.)
Posted by NCBRC - April 19th, 2018
Type: Amicus
Date: March 26, 2018
Description: Whether postpetition rent due under prepetition residential lease was postpetition debt discharged in pro se Chapter 7 debtor’s case.
Result: Pending -
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. -
Goudelock v. Sixty-01 Assoc. of Apt. Owners, No. 16-35384 (9th Cir.)
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: October 21, 2016
Description: Dischargeability of postpetition HOA dues and assessments in chapter 13.
Result: Reversed and remanded, July 10, 2018. -
In re Lopez, No. 02-15774 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: August, 2002
Description: Whether post-discharge property retention agreement is disguised reaffirmation agreement that violates section 524(c) and (d).
Result: Affirmed. Debtor won. 345 F.3d 701 (9th Cir. 2002)
In re Lopez, 345 F.3d 701 (9th Cir., 2003) -
Cardinal Stritch Univ. v. Kuehn, No. 07-3954 (7th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: April 1, 2008
Description: Whether private college can withhold transcripts from debtor whose tuition debt has been discharged in chapter 7.
Result: Affirmed. Debtor won.
Kuehn 7th Cir Opinion -
Bessette v. Avco Financial Services, Inc., No. 99-2291 (1st Cir.)
Posted by NCBRC - September 1st, 2011
Type: Amicus
Date: February 14, 2000
Description: Enforceability of discharge injunction in class action.
Result: Reversed. 230 F.3d 439 (1st Cir. 2000)
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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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