Type: Amicus
Date: March 31, 2023
Description: Whether the Bankruptcy Code abrogates tribal sovereign immunity.
Result: Pending
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Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, No. 22-227 (S.Ct.)
Posted by NCBRC - April 28th, 2023
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Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
Posted by NCBRC - August 10th, 2022
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)
Posted by NCBRC - January 18th, 2021
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
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Ritzen Group, Inc. v. Jackson Masonry LLC, No. 18-938 (S. Ct.)
Posted by NCBRC - November 19th, 2019
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.)
Posted by NCBRC - December 13th, 2018
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.)
Posted by NCBRC - November 13th, 2018
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.)
Posted by NCBRC - August 28th, 2017
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.)
Posted by NCBRC - July 11th, 2017
Type: Amicus
Date: May 23, 2017
Description: Whether section 106 waives government immunity from money damages for willful violation of the automatic stay.
Result: PendingHunsaker 9th Cir. NCBRC amicus May 2017
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In re Weidenbenner, No. 15-244 (S.D. N.Y.)
Posted by NCBRC - June 28th, 2015
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.)
Posted by NCBRC - January 27th, 2015
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.
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