Type: Amicus
Date: October 17, 2019
Description: Whether debtor’s right to voluntarily dismiss is absolute and not subject to good faith analysis.
Result: Pending
Halbert v. Illinois Dept. of Hum. Serv., Nos. 18-2899, 18-2952 (7th Cir.)
Type: Amicus
Date: March 28, 2019
Description: Whether debt based on overpayment of SNAP benefits is non-dischargeable domestic support obligation
Result: Affirmed, June 27, 2019.
Jaras v. Equifax Inc. No. 17-15201 (9th Cir.)
Type: Amicus
Date: June 17, 2019
Description: Whether credit reporting agencies and information furnishing creditors violated the FCRA by failing to perform reasonable investigation.
Result: Pending
Navient Solutions, LLC v. McDaniel, No. 18-1445 (10th Cir.)
Type: Amicus
Date: April 18, 2019
Description: Whether the bankruptcy court erred in ruling that the expression “an obligation to repay funds received as an educational benefit, scholarship or stipend” in 523(a)(8)(A)(ii) does not include a loan, so that the Chapter 13 debtors’ $107,467 debt for six Sallie Mae “Tuition Answer Loans” was discharged.
Result: Pending
McDaniel 10th Cir Amicus April 2019
Henry v. Educational Financial Service, No. 18-20809 (5th Cir.)
Type: Amicus
Date: April 12, 2019
Description: Denial of creditor’s motion to compel arbitration in dishargeability proceeding.
Result: Pending
Educ. Credit Management Corp. v. Metz, No. 18-1281 (D. Kans)
Type: Amicus
Date: January 29, 2019
Description: Whether the bankruptcy court erred in granting the debtor a partial discharge of her student loan debt, discharging all but the original principal balance of the loans.
Result: Judgment affirmed, May 2, 2019.
Sterling v. Southlake Nautilus Health and Racquett Club, Inc. , No. 18-2773 (7th Cir.)
Type: Amicus
Date: February 6, 2019
Description: Whether the bankruptcy court erred in ruling that a creditor and its law firm did not violate the discharge injunction when, after the Chapter 7 debtor’s discharge, she was arrested pursuant to a state court bench warrant that had been issued in supplemental collection proceedings against the debtor in state court.
Result: Pending
Lerbakken v. Sieloff and Assoc., P.A., No. 18-3415 (8th Cir.)
Type: Amicus
Date: February 12, 2019.
Description: Whether the bankruptcy court erred in denying the Chapter 7 debtor’s claimed exemption in funds in a 401(k) account and an IRA that had been awarded to him in a prepetition marital dissolution proceeding.
Result: Affirmed. February 7, 2020.
Lerbakken 8th Cir NACBA Amicus Feb 2019
Bias v. Tangipahoa Parish School Bd., No. 17-30982 (5th Cir.)
Type: Amicus
Date: April 18, 2018
Description: Whether False Claims Act case was properly dismissed on judicial estoppel grounds for failure to disclose it to the bankruptcy court.
Result: Judgment affirmed, December 5, 2018 (withdrawn). New opinion issued March 22, 2019. Affirmed.
Smith v. ME Bureau of Revenue Serv., No. 18-1573 (1st Cir.)
Type: Amicus
Date: August 13, 2018
Description: Whether termination of the automatic stay applies to property of the estate.
Result: Judgment affirmed, December 12, 2018.