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  • Milavetz v. United States, No. 08-1119 (U.S.S.Ct.)

    Posted by NCBRC - January 14th, 2016

    Type: Amicus
    Date: August, 2009
    Description: Whether BAPCPA’s attorney disclosure requirements are unconstitutional.
    Result: Affirmed in part, reversed in part, and remanded, March 8, 2010. Milavetz, Gallop & Milavetz, P.A. v. United States, 130 S.Ct. 1324 (2010).

     

     

  • Williamson v. Westby (In re Westby), No. 12-27 (B.A.P. 10th Cir.)

    Posted by NCBRC - February 23rd, 2013

    Type: Debtor’s brief
    Date: June 18, 2013
    Description: Constitutionality of bankruptcy-specific exemption
    Result: Judgment affirmed, debtor won. Trustee filed notice of appeal to 10th Cir. No. 13-3044

    Westby appellee brief

     

     

  • In re Lea, No. 12-1298 (D. Kan)

    Posted by NCBRC - December 27th, 2012

    Type: Amicus
    Date: December 18, 2012
    Description: Constitutionality of state bankruptcy-specific exemption statute
    Result: Judgment affirmed, August 16, 2013

    Lea NACBA amicus

    Lea opinion

  • In re Hudson, No. 12-1297 (D. Kan.)

    Posted by NCBRC - December 14th, 2012

    Type: Amicus
    Date: December 12, 2012
    Issue: Constitutionality of Kansas’s bankruptcy-specific exemption statute.
    Result: Judgment affirmed, August 16, 2013

    Hudson NACBA amicus

    LeaHudson DKan opinion

  • Williamson v. Westby, No. 12-27 (B.A.P. 10th Cir.)

    Posted by NCBRC - June 18th, 2012

    Type: Debtor’s Brief
    Date: June 17, 2012
    Description: Whether state bankruptcy-only exemption statute is constitutional under the Bankruptcy and Supremacy Clauses.
    Result: Judgment affirmed, February 4, 2013, appeal to 10th Cir, No. 13-3044 dismissed March 29, 2013
    Westby Debtor Brief

    Westby BAP 10th Cir opinion

  • In re Rolin, No. 11-40950 (D. Kan.)

    Posted by NCBRC - November 15th, 2011

    Type: Amicus
    Date: November 3, 2011
    Description: Constitutionality of Kansas bankruptcy-specific exemption.
    Result: Dismissed as moot; debtor won in companion case In re Westby, No. 11-40986, 2012 Bankr. LEXIS 1428, (Bankr. Kan. April 4, 2012)

    Rolin NACBA amicus

    Opinion 

  • In re Schafer, No. 10-8030 (B.A.P. 6th Cir.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: July 22, 2010
    Description: Constitutionality of Michigan’s Bankruptcy specific exemption scheme.
    Results: Reversed. Debtor lost.

    Schafer BAP 6th Cir opinion

    Schafer NACBA amicus BAP 6th Cir.

  • In re Hersh, No. 07-10226 (5th Cir.)

    Posted by NCBRC - September 2nd, 2011

    Type: Amicus
    Date: September 26, 2007
    Description: Whether sections 526(a)(4) and 527, related to debt relief agencies, are unconstitutional.
    Result: Affirmed in part, reversed in part. Debtor lost.

    Hersh 5th Cir opinion

    Hersh NACBA Amicus 5th Cir

     

  • Tennessee Student Assistance Corp. v. Hood, No. 02-1606 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: December 29, 2003
    Description: Whether Congress has authority to abrogate sovereign immunity under the Bankruptcy Clause
    Result: Affirmed. 541 U.S. 440 (2004)
    Brief           Opinion

  • In re Schafer, No. 11-1340 (6th Cir.)

    Posted by NCBRC - August 30th, 2011

    Type: Amicus
    Date: June 28, 2011
    Description: Whether Michigan’s exemptions, which are available only to bankruptcy debtors, violate the Bankruptcy Clause of the U.S. Constitution.
    Result: Affirmed Aug. 20, 2012

    Schafer 6th NACBA amicus

    Schafer opinion 6th

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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.

     

  • Keep up with NCBRC

    Cases In Review January 2021

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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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© 2011 National Consumer Bankruptcy Rights Center