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.
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Diaz v. Viegelahn, No. 19-50982 (5th Cir.)
Posted by NCBRC - January 28th, 2020
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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: PendingNebel 9th Cir NACBA amicus Nov 2017
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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 -
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) -
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 -
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 -
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
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.
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