Type: Amicus
Date: August 13, 2018
Description: Whether termination of the automatic stay applies to property of the estate.
Result: Judgment affirmed, December 12, 2018.
Taggart v. Lorenzen, No. 18-489 (USSCt)
Type: Amicus
Date: November 15, 2018
Description: Whether creditor’s unreasonable belief that conduct did not violate discharge injunction precludes finding of contempt.
Result: Vacated and Remanded, June 3, 2019. On remand, affirmed, No. 16-35402 (9th Cir. Nov. 24, 2020).
Wade v. Kreisler Law, P.C., No. 18-2564 (7th Cir.)
Type: Amicus
Date: November 8, 2018
Description: Whether termination of stay under 362(c)(3)(A) extends to property of the estate, as well as to the Chapter 13 debtors and the debtors’ property.
Result: Appeal dismissed for failure to file petition for direct appeal. June 14, 2019.
Thomas v. Department of Educ., No. 18-11091 (5th Cir.)
Type: Amicus
Date: November 5, 2018
Description: Whether the Brunner undue hardship test as applied in the Fifth Circuit is contrary to the language of the Code, and whether the Brunner test is obsolete in general.
Result: pending
United States v. West, No. 18-2116 (W.D. Tenn.)
Type: Amicus
Date: July 16, 2018
Description: Whether the district court has jurisdiction over an appeal of denial of student loan lender’s motion for summary judgment.
Result: Pending
Isaacs v. DBI-ASG Coinvestor Fund, LLC, No. 17-5815 (6th Cir.)
Type: Amicus
Date: May 15, 2018
Description: Rooker-Feldman doctrine as precluding bankruptcy court’s voiding of state court judgment that assertedly improperly interpreted discharge injunction.
Result: Reversed, July 18, 2018.
City of Chicago v. Moore, Nos. 17-3663, 17-3664 (7th Cir.)
Type: Amicus
Date: May 21, 2018
Description: Whether court may confirm plan in which property does not re-vest in debtor. Whether the bankruptcy court erred, in multiple cases, in denying the city’s motion for allowance and payment of administrative expense claim based on traffic tickets issued after debtor’s Chapter 13 petition was filed.
Result: Pending
Richardson v. Priderock Capital Partners, No. 18-1099 (4th Cir.)
Type: Amicus
Date: March 26, 2018
Description: Whether postpetition rent due under prepetition residential lease was postpetition debt discharged in pro se Chapter 7 debtor’s case.
Result: Pending
Veltre v. Fifth Third Bank, No. 17-2889 (3rd Cir.)
Type: Amicus
Date: February 5, 2018
Description: Whether a pre-bankruptcy foreclosure sale created a preferential transfer when the mortgage creditor received more than it would have in a hypothetical chapter 7 case.
Result: Judgment affirmed, July 19, 2018.
Whaley v. Guillen, No. 17-13899 (11th Cir.)
Type: Amicus
Date: January 23, 2018
Description: Whether Chapter 13 debtors are required to show an unanticipated change in circumstances in order to exercise the statutory right to modify their repayment plans under 11 U.S.C. § 1329.
Result: Pending