Type: Amicus
Date: September 25, 2009
Description: Claimed exemption in the amount of 100% FMV
Result: Reversed and remanded, 130 S. Ct. 2652 (2010)
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Schwab v. Reilly, No. 08-538 (USSCt)
Posted by NCBRC - September 1st, 2011
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Hamilton v. Lanning, No. 08-998 (USSCt)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: December 28, 2009
Description: “Mechnical” vs. “forward-looking” approach to projected disposable income
Result: Affirmed. Debtor won. -
Ransom v. MBNA, No. 09-907 (USSCt.)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: March 3, 2008
Description: Vehicle expense deduction
Result: Judgment affirmed – debtor lost
Ransom SCtOpinion -
Fisette v. Keller, No. 11-6012 (B.A.P. 8th Cir.)
Posted by NCBRC - August 30th, 2011
Type: Debtor’s Brief
Date: August 29, 2011
Description: Whether wholly unsecured lien may be stripped off in chapter 20
Result: Reversed. Debtor won. -
Penrod v. Americredit Fin. Servs., No. 08-60037 (9th Cir.)
Posted by NCBRC - August 30th, 2011
Type: Debtor
Date: March 30, 2009
Description: Whether a creditor holding a claim that includes the payoff of negative equity in a trade-in vehicle has a purchase money security interest entitled to protection of the hanging paragraph.
Result: Debtor won. 611 F.3d 1158 (9th Cir. 2010). -
Burnett v. Stewart Title, Inc., No. 10-20250 (5th Cir. 2010)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: June 21, 2010
Description: Whether § 525(b) prohibits discrimination against prospective employees based on the employees’ status as bankruptcy debtors.
Result: Debtor lost. 635 F.3d 169 (5th Cir. 2011). -
In re Schafer, No. 11-1340 (6th Cir.)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: June 28, 2011
Description: Whether Michigan’s exemptions, which are available only to bankruptcy debtors, violate the Bankruptcy Clause of the U.S. Constitution.
Result: Affirmed Aug. 20, 2012 -
In re Scott, No. 10-33131 (Bankr. S.D. Ill.)
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: May 6, 2011
Description: Whether debtors who make some payments on secured vehicles can deduct the full Ownership Cost set forth in the IRS Local Standards when calculating projected disposable income.
Result: Debtor won. 2011 WL 3501835 (Bankr. S.D. Ill. Aug. 9, 2011)
Scott Bankr SD Ill opinionScott NACBA Amicus Bankr SD Ill
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