Search Results

Does Equitable Mootness Prevent Debtors from Appealing Confirmed Chapter 13 Plans?

The Fourth Circuit is set to decide a significant issue in Cook v. Gorman, a case that could determine whether the doctrine of equitable mootness prevents debtors from appealing the confirmation of a Chapter 13 repayment plan. At the heart of the case is whether equitable mootness—commonly used to dismiss appeals in complex Chapter 11 […]

• confirmation

Tags: bankruptcy, confirmation of chapter 13 plan, equitable mootness

March 20, 2025

Amicus Brief of NACBA NCBRC in support of Chapter 13 debtor (Cook v. Trustee)

Ninth Circuit Holds that SSA Cannot Automatically Recoup Overpaid Benefits from a Bankrupt Beneficiary

The Ninth Circuit has issued a significant ruling in In re Cooper, reversing the Bankruptcy Appellate Panel’s (BAP) decision that allowed the Social Security Administration (SSA) to recoup overpaid Social Security Disability Insurance (SSDI) benefits from a debtor who had received a bankruptcy discharge. The court’s decision strengthens the protections afforded to debtors under the […]

• Discharge Injunction

Tags: bankruptcy, discharge, equitable recoupment, public assistance benefit overpayment

In re Cooper – 9th Circuit Opinion

Wyly v. Eichor Reply Brief

March 17, 2025

Wyly v. Eichor Appellee Brief

Wyly v. Eichor Appellant Brief

Gold v. Williams Appellee Brief

In re Sharp Reply Brief

In re Sharp Appellee Brief