Type: Amicus
Date: July 25, 2022
Description: Sanctions for continuation of tribal case despite automatic stay.
Result: Judgment affirmed, November 22, 2022.
City of Chicago v. Fulton, No. 19-357 (USSCt)
Type: Amicus
Date: March 11, 2020
Description: Whether Creditor’s retention of impounded vehicle violates the automatic stay.
Result: Judgment vacated and remanded, January 14, 2021.
Fulton SCt NACBA Amicus March 2020
Ritzen Group, Inc. v. Jackson Masonry LLC, No. 18-938 (S. Ct.)
Type: Amicus
Date: October 11, 2019
Description: Whether denial of a motion for relief from stay is immediately appealable.
Result: Affirmed. January 14, 2020
Smith v. ME Bureau of Revenue Serv., No. 18-1573 (1st Cir.)
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.
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.
Vitalich v. Bank of New York Mellon, No. 16-16584 (9th Cir.)
Type: Amicus
Date: August 24, 2017
Description: Whether automatic stay terminate in its entirety after 30 days under section 362(c)(3)(A).
Result: Pending.
Hunsaker v. United States, No. 16-35991 (9th Cir.)
Type: Amicus
Date: May 23, 2017
Description: Whether section 106 waives government immunity from money damages for willful violation of the automatic stay.
Result: Pending
Hunsaker 9th Cir. NCBRC amicus May 2017
In re Weidenbenner, No. 15-244 (S.D. N.Y.)
Type: Amicus
Date: June 15, 2015
Description: Whether bankruptcy court erred in ruling that Wells Fargo’s administrative freeze of Chapter 7 debtors’ bank accounts violated the automatic stay.
Result: Pending
American Servicing Co. v. Schwartz-Tallard, No. 12-60052 (9th Cir.)
Type: Amicus
Date: January 23, 2015
Description: Whether a debtor can obtain an award of attorney fees under section 362(k) for prosecuting stay violation. Seeking to overturn Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010).
Result: Judgment affirmed, August 29, 2015, Petition for rehearing filed September 12, 2014; En banc decision affirming judgment of BAP and overturning Sternberg.
St. Anne’s Credit Union v. Ackell, No. 12-10720 (D. Mass.)
Type: Debtor’s brief
Date: July 13, 2012
Description: Whether, when debtor files a bankruptcy petition within one year of dismissal, the automatic stay lapses after 30 days only as to the debtor and not as to the property of the estate under section 362(c)(3)(A).
Result: Judgment reversed and remanded, March 21, 2013