Type: Amicus
Date: April 18, 2018
Description: Whether False Claims Act case was properly dismissed on judicial estoppel grounds for failure to disclose it to the bankruptcy court.
Result: Judgment affirmed, December 5, 2018 (withdrawn). New opinion issued March 22, 2019. Affirmed.
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Bias v. Tangipahoa Parish School Bd., No. 17-30982 (5th Cir.)
Posted by NCBRC - December 13th, 2018
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Slater v. U.S. Steel Corp. No. 12-15548 (11th Cir.)
Posted by NCBRC - November 28th, 2016
Type: Amicus
Date: October 24, 2016
Description: Judicial estoppel in pre-bankruptcy employment discrimination action.
Result: Remanded to original panel on en banc reconsideration. September 18, 2017. -
Lua v. Miller, No. 15-56814 (9th Cir.)
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending -
LVNV Funding, LLC v. Harling, No 16-1346, LVNV v. Rhodes, No. 16-1347 (4th Cir.)
Posted by NCBRC - August 31st, 2016
Type: Amicus
Date: August 22, 2016
Description: Whether provision in confirmed chapter 13 plan, which reserved the debtors’ right to object to proofs of claim was sufficient to reserve the debtors’ right to object to unsecured creditor’s proof of claim for time-barred debt.
Result: Pending -
Ingram v, AAA Cooper Transportation, No. 16-11440 (11th Cir.)
Posted by NCBRC - June 21st, 2016
Type: Amicus
Date: June 16, 2016
Description: Whether Chapter 13 debtors have a free-standing duty to amend their bankruptcy schedules to reflect the post-petition acquisition of a legal claim. Whether judicial estoppel is appropriately applied against former Chapter 13 debtors who attempt to amend their bankruptcy schedules.
Results: Pending
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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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