Type: Amicus
Date: November 23, 2022
Description: Whether bankruptcy court has authority to adjudicate a national class action claim for a violation of the discharge injunction. Debtor is the appellee.
Result: Pending.
Silla v. Ghazvini, No. 22-1092 (BAP 9th Cir.)
Type: Amicus
Date: July 25, 2022
Description: Interest rate on arrears
Result: Pending
Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
Type: Amicus
Date: July 25, 2022
Description: Sanctions for continuation of tribal case despite automatic stay.
Result: Judgment affirmed, November 22, 2022.
Evans v. McCallister, No. 22-35216 (9th Cir.)
Type: Amicus
Date: July 6, 2022
Description: Whether the bankruptcy court erred in ruling that the Chapter 13 trustee may not retain a fee in a case dismissed prior to confirmation of a plan.
Result: Pending
Soussis v. Macco, No. 22-155 (2d Cir.)
Type: Amicus
Date: April 21, 2022
Description: Whether a Chapter 13 trustee is entitled to an award of the trustee’s statutory fee in a case that is dismissed prior to confirmation of a plan.
Result: Pending
Bartenwerfer v. Buckley, No. 21-908 (USSCt)
Type: Amicus
Date: July 26, 2022
Description: Whether a bankruptcy debtor can be held liable for another person’s fraud, which cannot be discharged in bankruptcy, even when she was not aware of the fraud.
Result: Pending
NCBRC Files Amicus on Pre-Confirmation Trustee Fees when Plan Not Confirmed
NCBRC has filed an amicus brief on behalf of the NACBA membership in the Tenth Circuit case of Goodman v. Doll (In re Doll). The case addresses the issue of whether a chapter 13 standing trustee is entitled to keep pre-confirmation statutory fees when the case is ultimately dismissed prior to plan confirmation. Case No. 22-1004 (filed April 6, 2022). The bankruptcy court found in favor of the trustee and the district court reversed. [Read more…] about NCBRC Files Amicus on Pre-Confirmation Trustee Fees when Plan Not Confirmed
Goodman v. Doll, No. 22-1004 (10th Cir.)
Type: Amicus
Date: April 6, 2022
Description: Whether Chapter 13 trustee is entitled to statutory commission in case dismissed prior to plan confirmation.
Result: Pending
PHH Mort. Corp. v. Sensenich (In re Gravel), Nos. 20-1, 20-2, 20-3 (2d Cir.)
Type: Amicus
Date: September 24, 2021
Description: Whether mortgage creditor committed sanctionable conduct when it engaged in “fee harvesting” practice.
Result: Pending
Gunsalus v. County of Ontario, No. 20-3865 (2d Cir.)
Type: Amicus
Date: May 22, 2021
Description: Whether New York strict foreclosure law results in unfair windfall to county tax authority.
Result: Pending