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  • Midland Funding v. Johnson, No. 16-348 (USSCt)

    Posted by NCBRC - December 30th, 2016

    Type: Amicus
    Date: December 21, 2016
    Description: Whether filing a proof of claim for a stale debt violates the FDCPA.
    Result: Pending

    Johnson NACBA Amicus SCt Dec 2016

     

  • Nelson v. Midland Credit Management, No. 15-2984 (8th Cir.)

    Posted by NCBRC - January 26th, 2016

    Type: Amicus
    Date: January 25, 2016
    Description: Whether filing a proof of claim for a time-barred debt violates the FDCPA.
    Result: Judgment affirmed, July 11, 2016. Debtor lost.

    Nelson 8th Cir opinion July 2016

    Nelson NACBA Amicus

  • Owens v. LVNV Funding, Nos. 15-2044 (consol. 15-2082, 15-2109) (7th Cir.)

    Posted by NCBRC - January 4th, 2016

    Type: Amicus
    Date: December 18, 2015
    Description: Whether proof of claim for time-barred debt may be the basis for a claim for violation of the FDCPA.
    Result: Judgment affirmed, August 10, 2016

    Owens 7th Cir. opinion Aug 2016

    Owens 7th Cir NACBA amicus

  • Garfield v. Ocwen Loan Servicing, No. 15-527 (2d Cir.)

    Posted by NCBRC - June 14th, 2015

    Type: Amicus
    Date: June 13, 2015
    Description: Whether the Bankruptcy Code precludes valid claims under the FDCPA.
    Result: Judgment reversed, January 4, 2016. Debtor won.

    Garfield NACBA Amicus

    Garfield 2d Cir opinion Jan 2016

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  • HAVEN Act Guide

    HAVEN Act Guide 2019

     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.
    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.

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