Type: Amicus
Date: February 26, 2021
Description: Whether chapter 7 trustee abandons cause of action asset under section 554(c) when the cause of action is fully disclosed and he determines that it lacks value to the estate, but the debtors listed the asset in their SOFA rather than in their schedules.
Result: Judgment affirmed, Oct. 19, 2021.
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Stevens v. Whitmore, No. 20-60044 (9th Cir.)
Posted by NCBRC - March 1st, 2021
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Rodriguez v. Barrera, No. 20-1376 (10th Cir.)
Posted by NCBRC - February 2nd, 2021
Type: Amicus
Date: January 14, 2021
Description: Whether proceeds from sale of homestead before conversion from 13 to 7 are property of the estate.
Result: Judgment affirmed, January 19, 2022 -
City of Chicago v. Moore, Nos. 17-3663, 17-3664 (7th Cir.)
Posted by NCBRC - June 7th, 2018
Type: Amicus
Date: May 21, 2018
Description: Whether court may confirm plan in which property does not re-vest in debtor. Whether the bankruptcy court erred, in multiple cases, in denying the city’s motion for allowance and payment of administrative expense claim based on traffic tickets issued after debtor’s Chapter 13 petition was filed.
Result: Pending -
Brace v. Speier, No. 17-60032 (9th Cir.)
Posted by NCBRC - October 16th, 2017
Type: Amicus
Date: October 5, 2017
Description: Whether court erred in applying California’s community property presumption rather than record title presumption to find that property owned by debtor and his non-debtor spouse was part of bankruptcy estate in its entirety.
Result: Affirmed in part, vacated in part, Nov. 9, 2020. -
Jahn v. Burke, No. 16-6603 (6th Cir.)
Posted by NCBRC - February 21st, 2017
Type: Amicus
Date: February 14, 2017
Description: Whether a debtor, as a party-in-interest, can compel the trustee to abandon property of inconsequential value.
Result: Affirmed, debtor won. July 14, 2017. -
VPSI, Inc. v. Padula, No. 15-2114 (4th Cir.)
Posted by NCBRC - January 26th, 2016
Type: Amicus
Date: January 26, 2016
Description: Whether Chapter 13 debtors are required to amend their bankruptcy schedules to reflect post-petition tort actions and whether debtors have standing to bring causes of action in their own name on behalf of the estate.
Result: Affirmed, per curiam, June 9, 2016 -
In re Peet, No.15-2040 (8th Cir.)
Posted by NCBRC - January 14th, 2016
Type: Amicus
Date: September 23, 2015
Description: Whether chapter 7 debtors’ filing of Bankruptcy automatically severed joint tenancy in which the debtors owned property with the debtor wife’s parents, so that, when both parents died post-petition, debtors became sole owners and interest in property became property of the estate.
Result: Affirmed April 27, 2016. -
Jones v. Bob Evans Farms, Inc., No. 15-2058 (8th Cir.)
Posted by NCBRC - August 11th, 2015
Type: Amicus
Date: August 10, 2015
Description: Whether under Rule 1007(h) a chapter 13 debtor has a duty to disclose acquisition of post-petition legal claim.
Result: Affirmed, January 26, 2016. Debtor lost.
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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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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.
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