Type: Amicus
Date: February 23, 2015
Description: Whether wholly unsecured lien may be stripped in chapter 7.
Result: Reversed and Remanded, June 1, 2015
Charbono v. Sumski, No. 14-2151 (1st Cir.)
Type: Amicus
Date: February 25, 2015
Description: Whether bankruptcy court had authority to impose a monetary sanction on the chapter 13 debtor for failure to provide copy of his request for extension of time for filing federal tax return.
Result: Affirmed, June 15, 2015
In re Fitzgerald, No. 14-2349 (4th Cir.)
Type: Amicus
Date: January 15, 2015
Description: Whether, under section 109(e), the amount remaining due on a promissory note secured by a mortgage which is in excess of the value of the property securing that note must be included as a “debt” which is “owed,” where the borrower has previously obtained a chapter 7 discharge.
Result: Judgment affirmed, April 27, 2015
Running v. Miller (In re Miller), No. 13-3682 (8th Cir.)
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
Bullard v. Blue Hills Bank, No. 14-116 (USSCt)
Type: Amicus
Date: February 1, 2015
Description: Whether denial of confirmation is final, appealable, order.
Result: Judgment affirmed, May 4, 2015
Baker Botts v. ASARCO, No. 14-103 (U.S.S.Ct.)
Type: Amicus
Date: December 10, 2014
Description: Whether section 330(a) grants bankruptcy judges discretion to award compensation for the defense of a fee application.
Result: Judgment affirmed, June 15, 2015
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.
In re Wolf, No. 14-1346 (4th Cir.)
Type: Amicus
Date: August 4, 2014
Description: Whether above-median debtor’s projected disposable income should be calculated from the statutory formula rather than schedules I and J.
Results: Judgment affirmed November 6, 2014 (debtor won)
Mass. Dept. of Rev. v. Fahey, No. 14-1328 (1st Cir.)
Type: Amicus
Date: July 7, 2014
Description: Whether late-filed taxes are dischargeable.
Result: Debtor lost, February 18, 2015
Mass. Dept of Rev. v. Perkins, No. 14-1350 (1st Cir.)
Type: Amicus
Date: July 7, 2014
Description: Whether late-filed taxes are dischargeable.
Result: Debtor lost, February 18, 2015