Type: Amicus
Date: June 14, 2007
Description: Forward looking vs Mechanical approach to projected disposable income and applicable commitment period.
Result: Affirmed. Debtor won.
Kagenveama 9th Cir opinion
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In re Kagenveama, No. 06-17083 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
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In re Ransom, No. 08-15066 (9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: March 3, 2008
Description: Whether above-median debtor may take vehicle ownership expense deduction for wholly owned vehicle.
Result: Affirmed. Debtor lost.
Ransom 9th Cir NACBA amicus -
In re Mwangi, No. 09-1408 (B.A.P. 9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: April 1, 2010
Description: Whether bank’s administrative hold on debtor’s account violates the automatic stay or turnover provisions.
Result: Reversed. Debtor won.
Mwangi BAP 9th Cir NACBA amicus -
In re Friedman, No. 11-1149 (B.A.P. 9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: June 21, 2011
Description: Application of absolute priority rule in individual chapter 11 case.
Result: Reversed and remanded, March 19, 2012 -
Mullen v. Hamlin, No. 11-1083 (B.A.P. 9th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: May 20, 2011
Description: Whether inherited IRA is exempt from bankruptcy estate.
Result: Judgment affirmed, February 21, 2012
Hamlin NACBA amicus 9th BAP -
In re Frederickson, No. 07-3391 (8th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: January 8, 2008
Description: Whether applicable commitment period is multiplier or temporal requirement and whether disposable income is projected using schedules I and J.
Result: Reversed. Supreme Court petition denied March 23, 2009.
Frederickson 8th Cir opinion -
In re Suggs, No. 06-6077 (B.A.P. 8th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: March 23, 2007
Description: Whether creditor violates automatic stay be seizing debtor’s vehicle pursuant to local rule without filing motion for relief from stay.
Result: Reversed. Debtor won. 377 B.R. 198 (B.A.P. 8th Cir. 2007) -
Brown v. Pyatt, No. 06-3404 (8th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: January 24, 2007
Description: Whether debtor must reimburse the estate where pre-petition checks are cashed post-petition.
Result: Affirmed. Debtor won. 486 F.3d 423 (8th Cir. 2007)
Pyatt 8th Cir opinion Pyatt NACBA amicus 8th Cir -
In re Mierkowski, No. 08-3866 (8th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: March 2, 2009
Description: Negative equity.
Result: Reversed. Debtor lost.
Mierkowski 8th Cir opinion -
Neary v. Ross-Tousey, No. 07-2503 (7th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: April 1, 2008
Description: Whether debtor is entitle to claim car ownership expense where the vehicle is not encumbered by loan.
Result: Reversed and remanded. Debtor won.
Ross-Tousey NACBA Amicus 7th Cir.
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