Type: Amicus
Date: July 22, 2010
Description: Constitutionality of Michigan’s Bankruptcy specific exemption scheme.
Results: Reversed. Debtor lost.
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In re Schafer, No. 10-8030 (B.A.P. 6th Cir.)
Posted by NCBRC - September 2nd, 2011
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AT&T Universal Card Services v. Mercer, No 98-60693 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
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In re Miller, No. 08-30601 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: October 23, 2008
Description: Whether debtor may surrender 910 car in full satisfaction of claim.
Result: Reversed. Debtor lost. -
In re Hersh, No. 07-10226 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: September 26, 2007
Description: Whether sections 526(a)(4) and 527, related to debt relief agencies, are unconstitutional.
Result: Affirmed in part, reversed in part. Debtor lost. -
In re Wilborn, No. 09-20415 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: December 7, 2009
Description: Whether bankruptcy court could certify class to challenge Well Fargo’s charging of undisclosed professional fees during court of chapter 13 plan.
Result: Vacated. -
Burnett v. Stewart Title, No. 10-20250 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: June 21, 2010
Description: Whether section 525(b) permits denial of employment to prospective employee on basis of bankruptcy.
Result: Affirmed. Debtor lost. -
In re Chilton, No. 11-40377 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: July 1, 2011
Description: Exemption for inherited IRA.
Result: Judgment affirmed, March 12, 2012
Chilton 5th NACBA amicus -
In re Massey, No. 01-1426 (4th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: June 12, 2001
Description: Whether favored treatment of co-debtor claim under section 1322(b)(1) is subject to unfair discrimination test.
Result: Dismissed.
Brief -
In re Price, No. 07-2185 (4th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: October 30, 2007
Description: Negative equity.
Result: Reversed. Debtor lost. 562 F.3d 618 (4th Cir. 2009) -
In re Bellamy, No. 07-11332 (Bankr. D. Md)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: October, 2007
Description: Whether chapter 13 trustee must pay debtor’s attorney fees approved under section 1326(a)(2) ahead of claims from unsecured and secured creditors.
Result: Debtor won. 379 B.R. 86 (Bankr. D. Md. 2007)
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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
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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.