mandamus

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Michigan Supreme Court Asked to Let Stand Court of Appeals Ruling Compelling Presentment to the Governor of Previously Passed Bankruptcy Exemption Modernization Bill

NACBA and NCBRC File Amicus Brief Urging Court to Deny Leave to Appeal

In the latest development in the ongoing constitutional dispute over the Michigan Legislature’s failure to present nine duly enacted bills to the Governor—including the critical consumer-protection measure HB 4901—the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Consumer Bankruptcy Rights Center (NCBRC) have filed an amicus brief before the Michigan Supreme Court. The brief, filed on April 16, 2026, urges the Court to deny leave to appeal and to uphold the Court of Appeals’ decision requiring issuance of a writ of mandamus compelling presentment.

The brief was authored by NCBRC Officer and NACBA member Matt Mason, together with co-counsel and NACBA member Alexander Berry-Santoro of Maxwell Dunn, PLC.

[Read more…] about Michigan Supreme Court Asked to Let Stand Court of Appeals Ruling Compelling Presentment to the Governor of Previously Passed Bankruptcy Exemption Modernization Bill

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Mandamus Cannot Substitute for Untimely Appeal

Where the debtor failed to timely appeal the bankruptcy court’s holding that it lacked jurisdiction over his motion for damages based on violation of the automatic stay, the BAP did not have jurisdiction to rule on the debtor’s petition for writ of mandamus concerning that same holding. Ozenne v. Chase Manhattan Bank, No. 11-60039 (9th Cir. Nov. 9, 2016). [Read more…] about Mandamus Cannot Substitute for Untimely Appeal