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  • Clark v. Brooks (In re Brooks) No. 14-2856 (7th Cir.)

    Posted by NCBRC - May 12th, 2015

    Type: Amicus
    Date: December 11, 2014
    Description: Whether debtor may categorically exclude child support from calculation of disposable income.
    Result: Affirmed April 23, 2015

    Brooks 7th Cir opinion
    Brooks 7th Cir NACBA amicus brief

  • 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)

    Wolf 4th cir opinion

    Wolf 4th Cir. NACBA amicus

     

  • 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

    Welsh opinion

    Welsh NACBA amicus brief

     

  • 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

    Brief

    Mort Ranta 4th Cir opinion

  • 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

    Cranmer opinion
    Cranmer NCBRC amicus

  • 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.

    Washington MD Ala opinion

    Washington v. Reding NACBA amicus brief

  • 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

    Kagenveama NACBA amicus 9th Cir

  • 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

    Frederickson NACBA amicus 8th Cir

  • 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.

    Scott Bankr SD Ill opinion

    Scott NACBA Amicus Bankr SD Ill

  • In re Anes, No. 99-7043 (3d Cir.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: April, 1999
    Description: Whether retirement loan repayments may be deducted from chapter 13 disposable income.
    Result: Affirmed. Debtor lost. 195 F.3d 177 (3d Cir. 1999)
    Brief          Opinion 

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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.

     

  • Keep up with NCBRC

    Cases In Review January 2021

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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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