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  • Bank of Amer. v. Caulkett, No. 13-1421, Bank of Amer. v. Toledo-Cardona, No.14-163 (S.Ct.)

    Posted by NCBRC - February 27th, 2015

    Type: Amicus
    Date: February 23, 2015
    Description: Whether wholly unsecured lien may be stripped in chapter 7.
    Result: Reversed and Remanded, June 1, 2015

    Caulkett SCt opinion
    CaulkettToledoCardona SCt NACBA brief

  • Keller v. Fisette (In re Fisette), No. 11-3119 (8th Cir.)

    Posted by NCBRC - December 19th, 2011

    Type: Debtor’s brief
    Date: December 8, 2011
    Description: Lien stripping of wholly unsecured lien in chapter 20.
    Result: Dismissed for lack of jurisdiction. September 12, 2012

    Fisette appellee brief

    Fisette opinion

     

     

     

     

  • Woolsey v. Citibank, No. 11-4014 (10th Cir.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: May 18, 2011
    Description: Whether wholly unsecured lien may be stripped off in chapter 13 where court allowed modification but refused strip off.
    Result: Judgment affirmed, September 4, 2012

    Woolsey opinion
    Woolsey NACBA amicus

  • In re Jones, No. 07-3256 (10th Cir.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: December 3, 2007
    Description: Whether 910 car creditor is entitled to interest on its claim under section 1325(a)(5) or whether debtor may bifurcate claim under section 1322.
    Result: Vacated and remanded. Debtor lost.

    Jones 10th NACBA amicus 2007

    Jones 10th opinion 2008

  • Tanner v. Firstplus Financial, No. 99-11985 (11th Cir.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: 1999
    Description: Strip off of wholly unsecured lien in chapter 13.
    Result: Reversed. Debtor won. 217 F.3d 1357 (11th Cir. 2000)
    Brief          Opinion

  • Great American Financial v. Paschen, No. 01-16353 (11th Cir.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: January 28, 2002
    Description: Whether section 1322(c)(2) permits stripdown of short-term mortgages.
    Result: Affirmed. Debtor won. 296 F.3d 1203 (11th Cir. 2002)
    Brief           Opinion 

  • In re McNeal, No. 10-1612 (N.D. Ga.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: September 27, 2010
    Description: Whether wholly unsecured residential lien may be stripped off in chapter 7.
    Result: Affirmed. Debtor lost.
    McNeal NACBA amicus ND Ga

    McNeal ND Ga opinion

  • In re Hoffman, No. 09-18839 (Bankr. M.D. Fla.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: May 7, 2010
    Description: Whether wholly unsecured residential lien may be stripped off in chapter 7.
    Result: Debtor lost.
    Hoffman Bankr MD Fla opinion

    Hoffman NACBA Amicus Bankr MD Fla

  • Fair v. GMAC, No. 10-1128 (E.D. Wisc.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: February 18, 2011
    Description: Lien strip in chapter 13 where no discharge available.
    Result: Reversed and remanded. Debtor won.

    Fair ED Wisc opinion

    Fair NACBA amicus

  • Lindskog v. M & I, No. 10-2278 (Bankr. E.D. Wisc.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: January 7, 2011
    Description: Lien strip in chapter 13 where discharge unavailable.
    Result: Debtor lost. Affirmed, (E.D. Wisc. Sept. 28, 2012)

    Lindskog NACBA Amicus

    Lindskog opinion

    Lindskog E.D. Wisc. 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.

     

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    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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