Type: Amicus
Date: February 2, 2015
Description: Whether chapter 13 trustee required to return funds to debtor received under plan prior to conversion but distributed to creditors post-conversion.
Result: Reversed, debtor won.
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Viegelahn v. Harris, No. 14-400 (U.S. S.Ct.)
Posted by NCBRC - March 19th, 2015
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Moses v. CashCall, No. 14-1195 (4th Cir.)
Posted by NCBRC - March 19th, 2015
Type: Amicus
Date: July 9, 2014
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. -
Law v. Siegel (In re Law), No. 12-5196 (SCt)
Posted by NCBRC - March 3rd, 2015
Type: Amicus
Date: September 3, 2013
Description: Whether trustee has the power to impose a special charge on the debtor by taking away homestead exemption for failing to comply with the trustee’s demands for information during discovery.
Result: Debtor won, 571 U.S. ___ (March 4, 2014) -
Bank of Amer. v. Caulkett, No. 13-1421, Bank of Amer. v. Toledo-Cardona, No.14-163 (S.Ct.)
Posted by NCBRC - February 27th, 2015
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.)
Posted by NCBRC - February 27th, 2015
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.)
Posted by NCBRC - February 27th, 2015
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.)
Posted by NCBRC - February 16th, 2015
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)
Posted by NCBRC - February 9th, 2015
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.)
Posted by NCBRC - February 9th, 2015
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.)
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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