Type: Amicus
Date: March 27, 2014
Description: Whether Individual Retirement Annuity created by lump sum rollover contribution from exempt Individual Retirement Account is exempt under section 522(b)(3)(C).
Result: Judgment affirmed, debtor won. February 13, 2015
Miller 8th Cir NACBA amicus
Miller 8th Cir Opinion
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Running v. Miller (In re Miller), No. 13-3682 (8th Cir.)
Posted by NCBRC - February 16th, 2015
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Clark v. Rameker, No. 13-299 (USSCt.)
Posted by NCBRC - March 5th, 2014
Type: Amicus
Date: January 17, 2014
Description: Inherited IRA exemption
Result: Judgment Affirmed July 14, 2014 -
In re Abdul-Rahim, No. 12-3448 (8th Cir.)
Posted by NCBRC - April 21st, 2013
Type: Amicus
Date: April 3, 2013
Description: Whether an unliquidated personal injury claim may be exempted in bankruptcy.
Result: Judgment Affirmed July 12, 2013 -
Williamson v. Westby (In re Westby), No. 12-27 (B.A.P. 10th Cir.)
Posted by NCBRC - February 23rd, 2013
Type: Debtor’s brief
Date: June 18, 2013
Description: Constitutionality of bankruptcy-specific exemption
Result: Judgment affirmed, debtor won. Trustee filed notice of appeal to 10th Cir. No. 13-3044 -
In re Lea, No. 12-1298 (D. Kan)
Posted by NCBRC - December 27th, 2012
Type: Amicus
Date: December 18, 2012
Description: Constitutionality of state bankruptcy-specific exemption statute
Result: Judgment affirmed, August 16, 2013 -
In re Hudson, No. 12-1297 (D. Kan.)
Posted by NCBRC - December 14th, 2012
Type: Amicus
Date: December 12, 2012
Issue: Constitutionality of Kansas’s bankruptcy-specific exemption statute.
Result: Judgment affirmed, August 16, 2013 -
Williamson v. Westby, No. 12-27 (B.A.P. 10th Cir.)
Posted by NCBRC - June 18th, 2012
Type: Debtor’s Brief
Date: June 17, 2012
Description: Whether state bankruptcy-only exemption statute is constitutional under the Bankruptcy and Supremacy Clauses.
Result: Judgment affirmed, February 4, 2013, appeal to 10th Cir, No. 13-3044 dismissed March 29, 2013
Westby Debtor Brief -
Rameker v. Clark, Nos. 12-1241, 12-1255 (7th Cir.)
Posted by NCBRC - May 10th, 2012
Type: Amicus
Date: May 4, 2012
Description: Whether debtor may exempt inherited IRA under section 522(b)(3)(C).
Result: Judgment reversed, debtor lost (April 23, 2013); Petition for rehearing denied (May 21, 2013); Cert. granted No. 13-299 and judgment affirmed (June 12, 2014) -
In re Rolin, No. 11-40950 (D. Kan.)
Posted by NCBRC - November 15th, 2011
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) -
In re Massey, No. 11-60 (B.A.P. 1st Cir.)
Posted by NCBRC - October 21st, 2011
Type: Amicus
Date: October 18, 2011
Description: Whether debtor may claim exemption in the amount of 100% FMV.
Result: Judgment affirmed, February 27, 2012
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