Type: Amicus
Date: July 26, 2022
Description: Whether a bankruptcy debtor can be held liable for another person’s fraud, which cannot be discharged in bankruptcy, even when she was not aware of the fraud.
Result: Pending
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Bartenwerfer v. Buckley, No. 21-908 (USSCt)
Posted by NCBRC - August 10th, 2022
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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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Husky International Electric v. Ritz, No. 15-145 (USSCt)
Posted by NCBRC - March 3rd, 2016
Type: Amicus
Date: January 25, 2016
Description: Whether section 523(a)(2)(A)’s exception to discharge for “actual fraud” requires that the debtor make a false representation to the creditor or may be established through fraudulent conveyance.
Result: Reversed and remanded, May 16, 2016Husky International SCt opinion 2016
Ritz SCt NACBA Amicus Jan 2016
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In re Su, No. 01-55656 (9th Cir. 2002)
Posted by NCBRC - September 3rd, 2011
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AT&T Universal Card Services v. Mercer, No 98-60693 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
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Kawaauhau v. Geiger, No. 97-115 (USSCt)
Posted by NCBRC - September 1st, 2011
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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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