Type: Amicus
Date: January 29, 2021
Description: What is the proper test for determining undue hardship for the discharge of student loans.
Result: Petition denied, June 21, 2021.
Rodriguez v. Barrera, No. 20-1376 (10th Cir.)
Type: Amicus
Date: January 14, 2021
Description: Whether proceeds from sale of homestead before conversion from 13 to 7 are property of the estate.
Result: Judgment affirmed, January 19, 2022
City of Chicago v. Fulton, No. 19-357 (USSCt)
Type: Amicus
Date: March 11, 2020
Description: Whether Creditor’s retention of impounded vehicle violates the automatic stay.
Result: Judgment vacated and remanded, January 14, 2021.
Fulton SCt NACBA Amicus March 2020
PHH Mortgage Corp. v. Sensenich (In re Gravel), 20-1, 20-2, 20-3 (2d Cir.)
Type: Amicus
Date: August 13, 2020
Description: Whether PHH was properly sanctioned for its fee harvesting practice.
Result: Judgment vacated and reversed. August 2, 2021
Bobka v. Toyota Motor Credit Corp., No. 18-55688 (9th Cir.)
Type: Amicus
Date: July 31, 2018
Description: Whether chapter 7 debtor who assumes vehicle lease under section 365(p) waives his right to discharge.
Result: Affirmed August 3, 2020
Bobka 9th Cir Aug 2020
Todeschi v. Juarez, No. 19-60051 (9th Cir.)
Type: Amicus
Date: April 10, 2020
Description: Whether section 1129(b)(2)(B)(ii) requires debtors to offer new value for exempt property.
Result: Pending.
Diaz v. Viegelahn, No. 19-50982 (5th Cir.)
Type: Amicus
Date: January 21, 2020
Description: Whether the district’s form Chapter 13 plan violated the Bankruptcy Code by requiring the debtor to turn over any tax refund to the extent the debtor’s total annual tax refunds exceeded $2,000, if the plan did not provide for full payment of unsecured claims.
Result: Vacated and Remanded, August 26, 2020.
Munch v. Educ. Credit Mgmt Corp., No. 18-56300 (9th Cir.)
Type: Amicus
Date: December 3, 2019
Description: Whether court misapplied the Brunner elements when addressing undue hardship in student loan case, and whether Brunner is outdated.
Result: Pending
Burciaga v. Moglia (In re Burciaga), No. 19-2246 (7th Cir.)
Type: Amicus
Date: September 17, 2019
Description: Whether property of a debtor is exempt under 522(b)(3)(A) if applicable state law provides that the property is not subject to any collection action.
Result: Pending
Ritzen Group, Inc. v. Jackson Masonry LLC, No. 18-938 (S. Ct.)
Type: Amicus
Date: October 11, 2019
Description: Whether denial of a motion for relief from stay is immediately appealable.
Result: Affirmed. January 14, 2020