Type: Amicus
Date: January 30, 2006
Description: Whether appreciation in value is an interest acquired for purposes of the homestead cap.
Result: Debtor won. 344 B.R. 669 (Bankr. M.D. Fla. 2006)
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In re Sainlar, No. 05-14070 (Bankr. M.D. Fla.)
Posted by NCBRC - September 4th, 2011
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In re Graupner, No. 07-37 (Bankr. M.D. Ga.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: May 24, 2007
Description: Negative equity.
Result: Debtor lost. 2007 WL 1858291 (M.D. Ga. June 26, 2007) -
In re Barrett, No. 07-14796 (11th Cir.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: January 25, 2008
Description: Whether debtor may surrender 910 car in full satisfaction of creditor’s claim.
Result: Debtor lost.
Brief -
In re McNeal, No. 10-1612 (N.D. Ga.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: September 27, 2010
Description: Whether wholly unsecured residential lien may be stripped off in chapter 7.
Result: Affirmed. Debtor lost.
McNeal NACBA amicus ND Ga -
In re Hoffman, No. 09-18839 (Bankr. M.D. Fla.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: May 7, 2010
Description: Whether wholly unsecured residential lien may be stripped off in chapter 7.
Result: Debtor lost.
Hoffman Bankr MD Fla opinion -
Chappell v. Klein, No. 07-35704 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: March 12, 2008
Description: Whether value attributable to appreciation in home is property of the estate where the property was claimed as fully exempt and no objection received.
Result: Affirmed. Debtor lost. -
MERS v. Chong, No. 09-661 (D. Nev.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: August 20, 2009
Description: Whether MERS has standing to seek lift of stay in its own name.
Result: Affirmed. Debtor won.Chong MERS NACBA amicus pt 1 D Nev
Chong MERS NACBA amicus pt 2 D Nev
Chong MERS NACBA amicus pt 3 D Nev -
In re Gruntz, No.97-55379 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
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In re Su, No. 01-55656 (9th Cir. 2002)
Posted by NCBRC - September 3rd, 2011
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In re Lopez, No. 02-15774 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: August, 2002
Description: Whether post-discharge property retention agreement is disguised reaffirmation agreement that violates section 524(c) and (d).
Result: Affirmed. Debtor won. 345 F.3d 701 (9th Cir. 2002)
In re Lopez, 345 F.3d 701 (9th Cir., 2003)
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