Type: Amicus
Date: May 24, 2007
Description: Negative equity.
Result: Debtor lost. 2007 WL 1858291 (M.D. Ga. June 26, 2007)
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In re Graupner, No. 07-37 (Bankr. M.D. Ga.)
Posted by NCBRC - September 4th, 2011
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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 -
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. -
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) -
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 -
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).
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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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American College of Bankruptcy
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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.
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