Type: Amicus
Date: April 10, 2020
Description: Whether section 1129(b)(2)(B)(ii) requires debtors to offer new value for exempt property.
Result: Pending.
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Todeschi v. Juarez, No. 19-60051 (9th Cir.)
Posted by NCBRC - May 29th, 2020
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Burciaga v. Moglia (In re Burciaga), No. 19-2246 (7th Cir.)
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: September 17, 2019
Description: Whether property of a debtor is exempt under 522(b)(3)(A) if applicable state law provides that the property is not subject to any collection action.
Result: Pending -
Lerbakken v. Sieloff and Assoc., P.A., No. 18-3415 (8th Cir.)
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: February 12, 2019.
Description: Whether the bankruptcy court erred in denying the Chapter 7 debtor’s claimed exemption in funds in a 401(k) account and an IRA that had been awarded to him in a prepetition marital dissolution proceeding.
Result: Affirmed. February 7, 2020.Lerbakken 8th Cir NACBA Amicus Feb 2019
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Wilson v. Rigby, No. 17-35716 (9th Cir.)
Posted by NCBRC - December 18th, 2017
Type: Amicus
Date: December 12, 2017
Description: Whether debtor has a right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending -
Wilson v. Rigby, No. 16-1684 (W.D. Wash)
Posted by NCBRC - February 6th, 2017
Type: Amicus
Date: February 3, 2017
Description: Whether debtor has right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending -
Peake v. Ayobami, No. 16-20589 (5th Cir.)
Posted by NCBRC - December 30th, 2016
Type: Amicus
Date: December 20, 2016
Description: Whether post-petition appreciation devolves to a debtor electing federal exemptions when the debtor checks off the 100% FMV box and does not exceed the statutory limitation on exemptions.
Result: PendingAyobami NACBA Amicus 5th Cir Dec 2016
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Lua v. Miller, No. 15-56814 (9th Cir.)
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending -
Hardy v. Fink, No. 14-1181 (8th Cir.)
Posted by NCBRC - March 16th, 2016
Type: Amicus
Date: November 10, 2014
Description: Whether the refundable component of the federal child tax credit was not exempt as a “public assistance benefit” under Missouri law, and whether the facts were not sufficiently developed below to support a precedential decision.
Result: Reversed June 2, 2015. Debtor won. -
Law v. Siegel (In re Law), No. 12-5196 (SCt)
Posted by NCBRC - March 3rd, 2015
Type: Amicus
Date: September 3, 2013
Description: Whether trustee has the power to impose a special charge on the debtor by taking away homestead exemption for failing to comply with the trustee’s demands for information during discovery.
Result: Debtor won, 571 U.S. ___ (March 4, 2014) -
Running v. Miller (In re Miller), No. 13-3682 (8th Cir.)
Posted by NCBRC - February 16th, 2015
Type: Amicus
Date: March 27, 2014
Description: Whether Individual Retirement Annuity created by lump sum rollover contribution from exempt Individual Retirement Account is exempt under section 522(b)(3)(C).
Result: Judgment affirmed, debtor won. February 13, 2015
Miller 8th Cir NACBA amicus
Miller 8th Cir Opinion
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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.
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