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  • Diaz v. Viegelahn, No. 19-50982 (5th Cir.)

    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

  • Nebel v. Warfield (In re Nebel) No. 17-16350 (9th Cir.)

    Posted by NCBRC - November 20th, 2017

    Type: Amicus
    Date: November 16, 2017
    Description: Whether the trustee is entitled to turnover of nontransferable property.
    Result: Pending

    Nebel 9th Cir NACBA amicus Nov 2017

     

  • In re Weidenbenner, No. 15-244 (S.D. N.Y.)

    Posted by NCBRC - June 28th, 2015

    Type: Amicus
    Date: June 15, 2015
    Description: Whether bankruptcy court erred in ruling that Wells Fargo’s administrative freeze of Chapter 7 debtors’ bank accounts violated the automatic stay.
    Result: Pending

    Weidenbenner SD NY NACBA brief

  • In re Henson, No. 11-16019 (9th Cir.)

    Posted by NCBRC - December 14th, 2012

    Type: Amicus
    Date: December 12, 2012
    Issue: Whether trustee has the power to require debtor to turnover property no longer in debtor’s possession.
    Result: Reversed and remanded, No. 11-16019 (9th Cir. Jan. 9, 2014)

    Henson NACBA amicus

    Henson opinion

  • Weber v. SEFCU, No. 12-1632 (2d Cir.)

    Posted by NCBRC - September 11th, 2012

    Type: amicus
    Date: September 5, 2012
    Description: Whether creditor has affirmative duty under section 542 to turn over repossessed collateral to estate upon learning of bankruptcy filing.
    Result: Judgment affirmed, May 8, 2013

    Weber NACBA amicus

    Weber 2d Cir opinion

  • In re Mwangi, No. 09-1408 (B.A.P. 9th Cir.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: April 1, 2010
    Description: Whether bank’s administrative hold on debtor’s account violates the automatic stay or turnover provisions.
    Result: Reversed. Debtor won.
    Mwangi BAP 9th Cir NACBA amicus

    Mwangi BAP 9th Cir. opinion

  • Brown v. Pyatt, No. 06-3404 (8th Cir.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: January 24, 2007
    Description: Whether debtor must reimburse the estate where pre-petition checks are cashed post-petition.
    Result: Affirmed. Debtor won. 486 F.3d 423 (8th Cir. 2007)
    Pyatt 8th Cir opinion Pyatt NACBA amicus 8th Cir

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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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    Cases In Review August 2020

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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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