Type: Amicus
Date: February 28, 2023
Description: Permissibility of nonstandard Chapter 13 plan provision providing that estate property vested in the debtor upon plan confirmation.
Status: Pending
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Trantham v. Tate (In re Trantham), No. 22-2263 (4th Cir.)
Posted by NCBRC - March 14th, 2023
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Goetz v. Weber (In re Goetz), No. 22-6009 (B.A.P. 8th Cir.)
Posted by NCBRC - February 9th, 2023
Type: Amicus
Date: January 27, 2023
Description: Whether a postpetition increase in non-exempt equity in estate property belongs to the Chapter 7 estate, rather than to the debtor, where a bankruptcy case commenced under Chapter 13 is later converted to Chapter 7.
Result: Pending -
Bruce v. Citigroup, Inc., No. 22-1000 (2d Cir.)
Posted by NCBRC - November 30th, 2022
Type: Amicus
Date: November 23, 2022
Description: Whether bankruptcy court has authority to adjudicate a national class action claim for a violation of the discharge injunction. Debtor is the appellee.
Result: Pending. -
Silla v. Ghazvini, No. 22-1092 (BAP 9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 25, 2022
Description: Interest rate on arrears
Result: Pending -
Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 25, 2022
Description: Sanctions for continuation of tribal case despite automatic stay.
Result: Judgment affirmed, November 22, 2022. -
Evans v. McCallister, No. 22-35216 (9th Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 6, 2022
Description: Whether the bankruptcy court erred in ruling that the Chapter 13 trustee may not retain a fee in a case dismissed prior to confirmation of a plan.
Result: Pending -
Soussis v. Macco, No. 22-155 (2d Cir.)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: April 21, 2022
Description: Whether a Chapter 13 trustee is entitled to an award of the trustee’s statutory fee in a case that is dismissed prior to confirmation of a plan.
Result: Pending -
Bartenwerfer v. Buckley, No. 21-908 (USSCt)
Posted by NCBRC - August 10th, 2022
Type: Amicus
Date: July 26, 2022
Description: Whether a bankruptcy debtor can be held liable for another person’s fraud, which cannot be discharged in bankruptcy, even when she was not aware of the fraud.
Result: Pending -
Goodman v. Doll, No. 22-1004 (10th Cir.)
Posted by NCBRC - April 6th, 2022
Type: Amicus
Date: April 6, 2022
Description: Whether Chapter 13 trustee is entitled to statutory commission in case dismissed prior to plan confirmation.
Result: Judgment affirmed, January 18, 2023. -
PHH Mort. Corp. v. Sensenich (In re Gravel), Nos. 20-1, 20-2, 20-3 (2d Cir.)
Posted by NCBRC - October 15th, 2021
Type: Amicus
Date: September 24, 2021
Description: Whether mortgage creditor committed sanctionable conduct when it engaged in “fee harvesting” practice.
Result: Pending
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