Type: Amicus
Date: August 10, 2015
Description: Whether under Rule 1007(h) a chapter 13 debtor has a duty to disclose acquisition of post-petition legal claim.
Result: Affirmed, January 26, 2016. Debtor lost.
-
Jones v. Bob Evans Farms, Inc., No. 15-2058 (8th Cir.)
Posted by NCBRC - August 11th, 2015
-
Murphy v. U.S. Dept. of Educ., No. 14-1691 (1st Cir.)
Posted by NCBRC - July 31st, 2015
Type: Amicus
Date: July 29, 2015
Description: Whether Brunner test for undue hardship is too severe and is obsolete.
Result: Voluntarily dismissed June 16,2016. -
Moses v. Cash Call, No. 14-1195 (4th Cir.)
Posted by NCBRC - June 29th, 2015
Type: Amicus on petition for rehearing
Date: April 7, 2015
Description: Whether CashCall entitled to arbitration pursuant to lending agreement where debtor filed adversary complaint seeking judgment that agreement illegal and void.
Result: Affirmed in part, reversed in part. March 16, 2015; Debtor’s petition for rehearing denied April 27, 2015. -
In re Sagendorph, No. 14-41675 (Bankr. D. Mass.)
Posted by NCBRC - June 29th, 2015
Type: Amicus
Date: March 23, 2015
Description: Whether Chapter 13 plan can include provision vesting title to surrendered property in secured creditor.
Result: Plan confirmed, June 22, 2015
Sagendorph Bankr Mass opinion -
In re Woodward, No. 15-6001 (B.A.P. 8th Cir.)
Posted by NCBRC - June 29th, 2015
Type: Amicus
Date: May 12, 2015
Description: Whether absolute priority rule applies to individuals in chapter 11
Result: Judgment reversed and remanded, August 13, 2015 -
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 -
Garfield v. Ocwen Loan Servicing, No. 15-527 (2d Cir.)
Posted by NCBRC - June 14th, 2015
Type: Amicus
Date: June 13, 2015
Description: Whether the Bankruptcy Code precludes valid claims under the FDCPA.
Result: Judgment reversed, January 4, 2016. Debtor won. -
Clark v. Brooks (In re Brooks) No. 14-2856 (7th Cir.)
Posted by NCBRC - May 12th, 2015
Type: Amicus
Date: December 11, 2014
Description: Whether debtor may categorically exclude child support from calculation of disposable income.
Result: Affirmed April 23, 2015 -
Smith v. SIPI, LLC, No. 15-1166 (7th Cir.)
Posted by NCBRC - May 12th, 2015
Type: Amicus
Date: May 7, 2015
Description: Whether Chapter 13 debtors received reasonably equivalent value for property sold at a tax sale conducted in accordance with Illinois law, so that sale was not avoidable under 548(a)(1)(B) as a constructively fraudulent transfer.
Result: District court judgment reversed, bankruptcy court judgment affirmed, January 20, 2016. -
In re New Century TRS Holdings, No. 14-3923 (3rd Cir.)
Posted by NCBRC - March 31st, 2015
Type: Amicus
Date: March 20, 2015
Description: Whether borrowers received adequate notice of company bankruptcy to allow them to file timely proofs of claim.
Result: Vacated and Remanded August 10, 2015
New Century NACBA Amicus
-
Request Assistance
Request assistance with a case.
-
Help NCBRC
NCBRC needs your support to protect the rights of consumer bankruptcy debtors. The most effective way to support NCBRC is with a direct donation.
There are many other ways to give to NRBRC:
iGive.com: When you purchase items at over 1,400 online stores, a percentage of your purchase will be donated to NCBRC. Stores include Macy’s, Melissa and Doug, Bed Bath & Beyond, Nike, Petsmart, and more. Shop and Give today!
-
Keep up with NCBRC
Thank you!
Thank you to the following organizations without whose support our work would not be possible.
American College of Bankruptcy
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
Visit NACBA.org
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.