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
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Midland Funding v. Johnson, No. 16-348 (USSCt)
Posted by NCBRC - December 30th, 2016
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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. -
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 -
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.
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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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