Type: Amicus
Date: March 12, 2008
Description: Whether value attributable to appreciation in home is property of the estate where the property was claimed as fully exempt and no objection received.
Result: Affirmed. Debtor lost.
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Chappell v. Klein, No. 07-35704 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
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Mullen v. Hamlin, No. 11-1083 (B.A.P. 9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: May 20, 2011
Description: Whether inherited IRA is exempt from bankruptcy estate.
Result: Judgment affirmed, February 21, 2012
Hamlin NACBA amicus 9th BAP -
Gold v. Lewis, No. 09-1777 (6th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: April 9, 2010
Description: Whether Ford buy-out plan is exempt under section 522(d)(11)(E)
Result: Affirmed. Debtor won. -
In re Schafer, No. 10-8030 (B.A.P. 6th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: July 22, 2010
Description: Constitutionality of Michigan’s Bankruptcy specific exemption scheme.
Results: Reversed. Debtor lost. -
In re Chilton, No. 11-40377 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: July 1, 2011
Description: Exemption for inherited IRA.
Result: Judgment affirmed, March 12, 2012
Chilton 5th NACBA amicus -
In re Weinstein, No. 98-1365 (1st Cir.)
Posted by NCBRC - September 1st, 2011
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Schwab v. Reilly, No. 08-538 (USSCt)
Posted by NCBRC - September 1st, 2011
Type: Amicus
Date: September 25, 2009
Description: Claimed exemption in the amount of 100% FMV
Result: Reversed and remanded, 130 S. Ct. 2652 (2010) -
In re Schafer, No. 11-1340 (6th Cir.)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: June 28, 2011
Description: Whether Michigan’s exemptions, which are available only to bankruptcy debtors, violate the Bankruptcy Clause of the U.S. Constitution.
Result: Affirmed Aug. 20, 2012
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The American College of Bankruptcy is an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities. Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States.NACBA
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The only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA has more than 3,000 members located in all 50 states and Puerto Rico.