Posted by NCBRC - January 28th, 2020
Type: Amicus
Date: January 21, 2020
Description: Whether the district’s form Chapter 13 plan violated the Bankruptcy Code by requiring the debtor to turn over any tax refund to the extent the debtor’s total annual tax refunds exceeded $2,000, if the plan did not provide for full payment of unsecured claims.
Result: Vacated and Remanded, August 26, 2020.
Diaz (5th 082620)
Diaz NACBA Amicus Jan 2020
Posted by NCBRC - December 6th, 2019
Type: Amicus
Date: December 3, 2019
Description: Whether court misapplied the Brunner elements when addressing undue hardship in student loan case, and whether Brunner is outdated.
Result: Pending
Munch amicus final 2019
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: September 17, 2019
Description: Whether property of a debtor is exempt under 522(b)(3)(A) if applicable state law provides that the property is not subject to any collection action.
Result: Pending
Burciaga 7th Cir Amicus brief Legal Aid Chicago NACBA
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: October 11, 2019
Description: Whether denial of a motion for relief from stay is immediately appealable.
Result: Affirmed. January 14, 2020
Ritzen SCt Jan 2020
Ritzen Group NACBA Amicus Oct 2019
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: October 17, 2019
Description: Whether debtor’s right to voluntarily dismiss is absolute and not subject to good faith analysis.
Result: Pending
Burbridge NACBA Amicus 2d Cir Oct 2019
Posted by NCBRC - July 3rd, 2019
Type: Amicus
Date: June 17, 2019
Description: Whether credit reporting agencies and information furnishing creditors violated the FCRA by failing to perform reasonable investigation.
Result: Pending
Posted by NCBRC - May 1st, 2019
Type: Amicus
Date: April 18, 2019
Description: Whether the bankruptcy court erred in ruling that the expression “an obligation to repay funds received as an educational benefit, scholarship or stipend” in 523(a)(8)(A)(ii) does not include a loan, so that the Chapter 13 debtors’ $107,467 debt for six Sallie Mae “Tuition Answer Loans” was discharged.
Result: Pending
McDaniel 10th Cir Amicus April 2019
Posted by NCBRC - May 1st, 2019
Type: Amicus
Date: April 12, 2019
Description: Denial of creditor’s motion to compel arbitration in dishargeability proceeding.
Result: Pending
Henry Amicus April 2019
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: January 29, 2019
Description: Whether the bankruptcy court erred in granting the debtor a partial discharge of her student loan debt, discharging all but the original principal balance of the loans.
Result: Judgment affirmed, May 2, 2019.
Metz D Kans May 2019
Metz D Kans NACBA Amicus Jan 2019
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: February 6, 2019
Description: Whether the bankruptcy court erred in ruling that a creditor and its law firm did not violate the discharge injunction when, after the Chapter 7 debtor’s discharge, she was arrested pursuant to a state court bench warrant that had been issued in supplemental collection proceedings against the debtor in state court.
Result: Pending
Sterling 7th Cir NACBA Amicus Feb 2019