Type: Amicus
Date: December 11, 2014
Description: Whether debtor may categorically exclude child support from calculation of disposable income.
Result: Affirmed April 23, 2015
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Clark v. Brooks (In re Brooks) No. 14-2856 (7th Cir.)
Posted by NCBRC - May 12th, 2015
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In re Wolf, No. 14-1346 (4th Cir.)
Posted by NCBRC - September 30th, 2014
Type: Amicus
Date: August 4, 2014
Description: Whether above-median debtor’s projected disposable income should be calculated from the statutory formula rather than schedules I and J.
Results: Judgment affirmed November 6, 2014 (debtor won) -
Drummond v. Welsh, No. 12-60009 (9th Cir.)
Posted by NCBRC - November 26th, 2012
Type: Amicus brief
Date: October 11, 2012
Description: Whether social security income is included in “projected disposable income.”
Result: Judgment affirmed March 25, 2013 – debtor won -
In re Mort Ranta, No. 12-2017 (4th Cir.)
Posted by NCBRC - October 17th, 2012
Type: Amicus
Date: October 16, 2012
Description: Whether social security income is included in projected disposable income.
Result: Vacated and remanded, July 1, 2013 -
Anderson v. Cranmer, No. 12-4002 (10th Cir.)
Posted by NCBRC - June 18th, 2012
Type: Amicus
Date: June 12, 2012
Description: Whether social security income should be excluded from calculation of projected disposable income.
Result: Judgment affirmed, October 24, 2012 -
Washington v. Reding, No. 09-0579 (M.D. Ala.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: October 29, 2009
Description: Whether unemployment compensation is excluded from CMI as social security benefit.
Result: Affirmed. Debtor lost. -
In re Kagenveama, No. 06-17083 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: June 14, 2007
Description: Forward looking vs Mechanical approach to projected disposable income and applicable commitment period.
Result: Affirmed. Debtor won.
Kagenveama 9th Cir opinion -
In re Frederickson, No. 07-3391 (8th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: January 8, 2008
Description: Whether applicable commitment period is multiplier or temporal requirement and whether disposable income is projected using schedules I and J.
Result: Reversed. Supreme Court petition denied March 23, 2009.
Frederickson 8th Cir opinion -
In re Scott, No. 10-33131 (Bankr. S.D. Ill.).
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: May 6, 2011
Description: Whether debtor who makes payments on secured vehicle may deduct full Ownership Costs as set forth in the IRS Local Standards when calculating PDI.
Result: Debtor won. -
In re Anes, No. 99-7043 (3d Cir.)
Posted by NCBRC - September 2nd, 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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