Type: amicus
Date: September 5, 2012
Description: Whether creditor has affirmative duty under section 542 to turn over repossessed collateral to estate upon learning of bankruptcy filing.
Result: Judgment affirmed, May 8, 2013
-
Weber v. SEFCU, No. 12-1632 (2d Cir.)
Posted by NCBRC - September 11th, 2012
-
St. Anne’s Credit Union v. Ackell, No. 12-10720 (D. Mass.)
Posted by NCBRC - August 3rd, 2012
Type: Debtor’s brief
Date: July 13, 2012
Description: Whether, when debtor files a bankruptcy petition within one year of dismissal, the automatic stay lapses after 30 days only as to the debtor and not as to the property of the estate under section 362(c)(3)(A).
Result: Judgment reversed and remanded, March 21, 2013 -
Williamson v. Westby, No. 12-27 (B.A.P. 10th Cir.)
Posted by NCBRC - June 18th, 2012
Type: Debtor’s Brief
Date: June 17, 2012
Description: Whether state bankruptcy-only exemption statute is constitutional under the Bankruptcy and Supremacy Clauses.
Result: Judgment affirmed, February 4, 2013, appeal to 10th Cir, No. 13-3044 dismissed March 29, 2013
Westby Debtor Brief -
Anderson v. Cranmer, No. 12-4002 (10th Cir.)
Posted by NCBRC - June 18th, 2012
Type: Amicus
Date: June 12, 2012
Description: Whether social security income should be excluded from calculation of projected disposable income.
Result: Judgment affirmed, October 24, 2012 -
In re Stephens, No. 11-6309 (10th Cir.)
Posted by NCBRC - May 30th, 2012
Type: Amicus
Date: May 21, 2012
Description: Whether absolute priority rule applies to individual debtors in chapter 11.
Result: Judgment reversed and remanded, January 15, 2013
Stephens 10th Cir NACBA amicus -
Rameker v. Clark, Nos. 12-1241, 12-1255 (7th Cir.)
Posted by NCBRC - May 10th, 2012
Type: Amicus
Date: May 4, 2012
Description: Whether debtor may exempt inherited IRA under section 522(b)(3)(C).
Result: Judgment reversed, debtor lost (April 23, 2013); Petition for rehearing denied (May 21, 2013); Cert. granted No. 13-299 and judgment affirmed (June 12, 2014) -
In re Taylor, No. 11-1879 (C.D. Cal.)
Posted by NCBRC - April 9th, 2012
Type: Debtor’s brief
Date: February 7, 2012
Description: Whether Bankruptcy Court erred in dismissing chapter 13 case, sua sponte, after notice of conversion to chapter 7 had been filed.
Result: Judgment reversed and remanded (April 13, 2012) -
Beaulieu v. Ragos, No. 11-31046 (5th Cir.)
Posted by NCBRC - April 2nd, 2012
Type: Amicus
Date: March 27, 2012
Description: Whether social security income may be considered in good faith analysis or for purposes of confirming plan over objection of trustee.
Result: Judgment affirmed. Debtor won. -
Keller v. Fisette (In re Fisette), No. 11-3119 (8th Cir.)
Posted by NCBRC - December 19th, 2011
Type: Debtor’s brief
Date: December 8, 2011
Description: Lien stripping of wholly unsecured lien in chapter 20.
Result: Dismissed for lack of jurisdiction. September 12, 2012 -
In re Maharaj, No. 11-1747 (4th Cir.)
Posted by NCBRC - November 27th, 2011
Type: Amicus
Date: November 21, 2011
Description: Applicability of absolute priority rule to individual debtor in chapter 11.
Result: Judgment affirmed (June 14, 2012)
-
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.