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)
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In re Wolf, No. 14-1346 (4th Cir.)
Posted by NCBRC - September 30th, 2014
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Mass. Dept. of Rev. v. Fahey, No. 14-1328 (1st Cir.)
Posted by NCBRC - September 30th, 2014
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.)
Posted by NCBRC - September 30th, 2014
Type: Amicus
Date: July 7, 2014
Description: Whether late-filed taxes are dischargeable.
Result: Debtor lost, February 18, 2015 -
Bank of Amer. v. Sinkfield, No. 13-700 (USSCt)
Posted by NCBRC - March 26th, 2014
Type: Amicus opposing Certiorari
Date: February 28, 2014
Description: Whether lower court record is sufficiently developed to justify Supreme Court involvement in issue of whether a wholly unsecured lien may be stripped pursuant to section 506(d).
Result: Petition denied, March 31, 2014 -
Running v. Miller (In Re Miller), No. 13-3682 (8th Cir.)
Posted by NCBRC - March 11th, 2014
Type: Amicus
Date: March 10, 2014
Description: Whether single payment annuity funded by rolled over IRA is exempt under section 522.
Result: Judgment affirmed, February 13, 2015. -
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 reDiClemente, No. 12-3336 (3rd Cir.)
Posted by NCBRC - August 26th, 2013
Type: Amicus
Date: August 7, 2013
Description: Whether lien is included in calculation of unsecured debt under section 109(e) where debtor’s personal liability was discharged in prior chapter 7.
Result: Appeal Dismissed as Moot, November 27, 2013 -
Viegelahn v. Harris, No. 13-50374 (5th Cir.)
Posted by NCBRC - August 26th, 2013
Type: Amicus
Date: August 20, 2013
Description: Whether undistributed post-petition wages belong to the debtor upon conversion from chapter 13 to chapter 7.
Result: Reversed and Remanded, July 7, 2014 – Appeal to USSCt. No. 14-400 -
Traverse v. DeGiacomo, No. 13-9002 (1st Cir.)
Posted by NCBRC - July 26th, 2013
Type: Amicus
Date: July 10, 2013
Description: Whether trustee steps into shoes of debtor upon avoidance of lien and can sell debtor’s residential property.
Result: Judgment reversed and remanded, May 23, 2014 -
Pliler v. Browning, No. 13-1445 (4th Cir.)
Posted by NCBRC - July 26th, 2013
Type: Amicus
Date: June 20, 2013
Description: Whether section 1325(b)(4)(B) created a minimum plan length of sixty months for above-median debtors, and whether the disposable income formula set forth by Congress and reflected on Form 22C could be abandoned if it was inconsistent with income and expenses as reflected on Schedules I and J.
Result: Affirmed March 28, 2014
Pliler NACBA amicus
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