Type: Amicus
Date: February 23, 2015
Description: Whether wholly unsecured lien may be stripped in chapter 7.
Result: Reversed and Remanded, June 1, 2015
-
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
-
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 -
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 -
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. -
Tanner v. Firstplus Financial, No. 99-11985 (11th Cir.)
Posted by NCBRC - September 4th, 2011
-
Great American Financial v. Paschen, No. 01-16353 (11th Cir.)
Posted by NCBRC - September 4th, 2011
-
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 -
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 -
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. -
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)
-
Request Assistance
Request assistance with a case.
-
Help NCBRC
NCBRC needs your support to protect the rights of consumer bankruptcy debtors. The most effective way to support NCBRC is with a direct donation.
There are many other ways to give to NRBRC:
iGive.com: When you purchase items at over 1,400 online stores, a percentage of your purchase will be donated to NCBRC. Stores include Macy’s, Melissa and Doug, Bed Bath & Beyond, Nike, Petsmart, and more. Shop and Give today!
-
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.
-
Keep up with NCBRC
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.
Visit NACBA.org
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.