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  • In re Graupner, No. 07-37 (Bankr. M.D. Ga.)

    Posted by NCBRC - September 4th, 2011

    Type: Amicus
    Date: May 24, 2007
    Description: Negative equity.
    Result: Debtor lost. 2007 WL 1858291 (M.D.  Ga. June 26, 2007)

  • In re Mierkowski, No. 08-3866 (8th Cir.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: March 2, 2009
    Description: Negative equity.
    Result: Reversed. Debtor lost.
    Mierkowski 8th Cir opinion

    Mierkowski NACBA Amicus 8th Cir

  • In re Shockley, No. 08-3954 (6th Cir.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: December 2, 2008
    Description: Negative equity
    Result: Dismissed as moot.

    Shockley NACBA Amicus 6th Cir

  • In re Price, No. 07-2185 (4th Cir.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: October 30, 2007
    Description: Negative equity.
    Result: Reversed. Debtor lost. 562 F.3d 618 (4th Cir. 2009)

    Price 4th Cir opinion

    Price NACBA Amicus 4th Cir.

  • In re Peaslee, No. 07-3962 (2d Cir.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: June 27, 2007
    Description: Negative equity
    Result: Affirmed. Debtor lost.
    Peaslee NACBA Amicus 2d Cir

    Peaslee opinion

  • Penrod v. Americredit Fin. Servs., No. 08-60037 (9th Cir.)

    Posted by NCBRC - August 30th, 2011

    Type: Debtor
    Date: March 30, 2009
    Description: Whether a creditor holding a claim that includes the payoff of negative equity in a trade-in vehicle has a purchase money security interest entitled to protection of the hanging paragraph.
    Result: Debtor won. 611 F.3d 1158 (9th Cir. 2010).

    Penrod 9th Cir opinion

    Penrod Debtor’s brief

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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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  • 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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