NACBA has filed an amicus brief opposing the imposition of a bright line rule prohibiting attorney-fee-only chapter 13 cases as being filed in bad faith. Berliner v. Pappalardo (In re Puffer), No. 11-1831 (1st Cir.).
Author Archives: NCBRC
Berliner v. Pappalardo (In re Puffer), No. 11-1831 (1st Cir.)
December 21, 2011 – 4:11 pm
NACBA has filed an amicus brief opposing the imposition of a bright line rule prohibiting attorney-fee-only chapter 13 cases as being filed in bad faith. Berliner v. Pappalardo (In re Puffer), No. 11-1831 (1st Cir.). The brief emphasizes that bad faith is necessarily a case-by-case, fact specific inquiry, and that there exist legitimate, good faith, reasons […]
Debtor’s Standing to Avoid Lien
December 19, 2011 – 2:20 pm
The Sixth Circuit BAP found that the debtor has derivative standing to exercise the trustee’s strong-arm powers under section 542 by seeking avoidance under section 544 of an unperfected lien on his manufactured home. U.S. Bank Nat’l Ass’n v. Barbee, No. 10-8074 (B.A.P. 6th Cir.) The court identified certain realities that supported its finding: the trustee’s lack […]
Chapter 20 Lien Stripping 8th Circuit
December 19, 2011 – 2:03 pm
The issue of whether a debtor may strip a wholly unsecured lien in chapter 13 where discharge is unavailable is before the Eighth Circuit Court of Appeals in the case of Keller v. Fisette (In re Fisette), No. 11-3119, after debtor won before the bankruptcy appellate panel. The debtor argues in his brief, filed on December 8, 2011, […]
Keller v. Fisette (In re Fisette), No. 11-3119 (8th Cir.)
December 19, 2011 – 1:59 pm
Type: Debtor’s brief Date: December 8, 2011 Description: Lien stripping of wholly unsecured lien in chapter 20. Result: Dismissed for lack of jurisdiction. September 12, 2012 Fisette appellee brief Fisette opinion
Denial of Motion to Dismiss for Abuse Final Appealable Order
December 9, 2011 – 2:54 pm
In McDow v. Dudley, No. 10-1732 (4th Cir. Nov. 30, 2011) the fourth circuit found that an order denying a trustee’s motion to dismiss a debtor’s chapter 7 case as abusive under section 707(b) is a final, appealable order under section 158(a). In the bankruptcy court, the trustee sought dismissal based on a means test […]
Contract Interest Rate Only Through Confirmation
December 9, 2011 – 2:45 pm
In First United Security Bank v. Garner, No. 11-10465 (11th Cir. Nov. 30, 2011) the court found that, under section 506(b), FUSB, an over-secured creditor, was entitled to receive post-petition interest at the contact rate of 10.5% until confirmation at which time the interest rate would drop to 4.25% as determined under the standard set […]
NACBA files Amicus in Absolute Priority Rule Case
November 27, 2011 – 7:15 pm
NACBA has filed an amicus brief in the case of In re Maharaj, No. 11-1747 (4th Cir.) challenging the application of the absolute priority rule to individual debtors in chapter 11. Brief
In re Maharaj, No. 11-1747 (4th Cir.)
November 27, 2011 – 7:12 pm
Type: Amicus Date: November 21, 2011 Description: Applicability of absolute priority rule to individual debtor in chapter 11. Result: Judgment affirmed (June 14, 2012) Maharaj 4th Cir. opinion Maharaj NACBA brief
In re Rolin, No. 11-40950 (D. Kan.)
November 15, 2011 – 5:06 pm
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
