NACBA filed an Amicus brief in the case of DeHart v. Michael, No. 11-1992 (3d Cir.). The case involves a debtor who converted his chapter 13 case to a chapter 7 after paying into his plan for several years. At the time of the conversion, the estate held some undistributed post-petition wages and the trustee […]
Author Archives: NCBRC
DeHart v. Michael, No. 11-1992 (3d Cir.)
October 25, 2011 – 6:30 pm
Type: Amicus Date: October 25, 2011 Description: Whether creditors have a vested right to undistributed post-petition funds paid into confirmed chapter 13 plan prior to conversion to chapter 7. Result: Judgment affirmed, October 26, 2012 Michael 3rd Cir opinion Michael NACBA brief
NACBA Files Amicus Brief on Issue of Claiming 100% FMV for Exemption
October 21, 2011 – 8:53 pm
In the case of In re Massey, No. 11-60 (B.A.P. 1st Cir.) NACBA has filed an amicus brief arguing that pursuant to the plain language of the Bankruptcy Code and the Supreme Court’s decision in Schwab v. Reilly, 560 U.S. __,130 S.Ct. 2652 (2010) a debtor may claim an exemption in property in the amount […]
In re Massey, No. 11-60 (B.A.P. 1st Cir.)
October 21, 2011 – 6:06 pm
Type: Amicus Date: October 18, 2011 Description: Whether debtor may claim exemption in the amount of 100% FMV. Result: Judgment affirmed, February 27, 2012 Massey BAP 1st Cir opinion Massey NACBA brief
New Jersey Supreme Court Finds Post-Foreclosure-Judgment Agreement Subject to CFA
September 7, 2011 – 7:22 pm
In Gonzalez v. Wilshire Credit Corp., (A-99-09) (065564) (N.J. Sup.Ct., August 29, 2011), the New Jersey Supreme Court found that the state Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, applies to a post-foreclosure-judgment agreement.In that case, the debtor, an uneducated, disabled woman, who neither spoke nor read English, entered into two new agreements with […]
Woolsey v. Citibank, No. 11-4014 (10th Cir.)
September 4, 2011 – 2:14 pm
Type: Amicus Date: May 18, 2011 Description: Whether wholly unsecured lien may be stripped off in chapter 13 where court allowed modification but refused strip off. Result: Judgment affirmed, September 4, 2012 Woolsey opinion Woolsey NACBA amicus
In re Jones, No. 07-3256 (10th Cir.)
September 4, 2011 – 2:11 pm
Type: Amicus Date: December 3, 2007 Description: Whether 910 car creditor is entitled to interest on its claim under section 1325(a)(5) or whether debtor may bifurcate claim under section 1322. Result: Vacated and remanded. Debtor lost. Jones 10th NACBA amicus 2007 Jones 10th opinion 2008
In re Stephens, No. 11-29 (B.A.P. 10th Cir.)
September 4, 2011 – 2:01 pm
Type: Amicus Date: August 22, 2011 Description: Application of absolute priority rule to individual chapter 11 debtors. Result: Certified for direct appeal to Tenth Circuit, October 7, 2011 Stephens NACBA 10th BAP amicus
Tanner v. Firstplus Financial, No. 99-11985 (11th Cir.)
September 4, 2011 – 1:58 pm
Type: Amicus Date: 1999 Description: Strip off of wholly unsecured lien in chapter 13. Result: Reversed. Debtor won. 217 F.3d 1357 (11th Cir. 2000) Brief Opinion
Great American Financial v. Paschen, No. 01-16353 (11th Cir.)
September 4, 2011 – 1:53 pm
Type: Amicus Date: January 28, 2002 Description: Whether section 1322(c)(2) permits stripdown of short-term mortgages. Result: Affirmed. Debtor won. 296 F.3d 1203 (11th Cir. 2002) Brief Opinion
