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  • In re Burr, No. 98-9007 (1st Cir.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: June 23, 1998
    Description: Debtor’s duty to retain or surrender under section 521(a)(2).
    Result: Reversed. 160 F.3d 843 (1st Cir. 1998)
    Brief          Opinion 

  • In re Weinstein, No. 98-1365 (1st Cir.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: August 26, 1998
    Description: Homestead exemption and judicial lien avoidance.
    Result: Affirmed. 164 F.3d 677 (1st Cir. 1999)
    Brief           Opinion 

  • Bessette v. Avco Financial Services, Inc., No. 99-2291 (1st Cir.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: February 14, 2000
    Description: Enforceability of discharge injunction in class action.
    Result: Reversed. 230 F.3d 439 (1st Cir. 2000)

    Bessette 1st Cir NACBA amicus
    Opinion 

  • In re Akalarian, No. 09-12681 (Bankr. R.I.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: January 11, 2010
    Description: Real party in interest and standing to foreclose where chain of title defective.
    Result: Motion for Relief from Stay withdrawn.
    Akalarian NACBA Amicus Bankr. RI

  • Bell v. Fitzgerald, No. 10-10870 (D. Mass)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: June 10, 2011
    Description: Whether “property distribution” under section 1325(a) may be satisfied by issuance of new Note.
    Result: Affirmed. Debtor lost.

    Bell NACBA amicus

    Bell opinion July 2011

  • Till v. SCS Credit Corp., No. 02-1016 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: August 28, 2003
    Description: Calculation of discount interest rate in chapter 13 cramdown.
    Result: Reversed. 541 U.S. 465 (2004)
    Brief          Opinion 

  • Kawaauhau v. Geiger, No. 97-115 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: October 20, 1997
    Description: Application of “willful and malicious injury” exception under section 523(a)(6).
    Result: Affirmed. 523 U.S. 57, 118 S.Ct. 974 (1998)
    Brief          Opinion 

  • Tennessee Student Assistance Corp. v. Hood, No. 02-1606 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: December 29, 2003
    Description: Whether Congress has authority to abrogate sovereign immunity under the Bankruptcy Clause
    Result: Affirmed. 541 U.S. 440 (2004)
    Brief           Opinion

  • Marrama v. Citizens Bank of Massachusetts, No. 05-996 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: August, 2006
    Description: Whether section 706(a) grants debtor unqualified one-time right to convert from chapter 7 to chapter 13
    Result: Affirmed. Debtor lost. 549 U.S. 365, 127 S.Ct. 1105 (2007)
    Brief

  • United Student Aid Funds v. Espinosa, No. 08-1134 (USSCt)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: October 20, 2009
    Description: Whether student loan creditor can conduct post-discharge collection where loan was discharged without AP
    Result: Affirmed. Debtor won. 130 S. Ct. 1367, 176 L. Ed.2d 158 (2009)

    Espinosa NACBA Amicus USSCt

    Espinosa USSCt opinion

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  • Thank you!

    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.

     

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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.

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