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
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Burciaga v. Moglia (In re Burciaga), No. 19-2246 (7th Cir.)
Posted by NCBRC - November 19th, 2019
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Ritzen Group, Inc. v. Jackson Masonry LLC, No. 18-938 (S. Ct.)
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: October 11, 2019
Description: Whether denial of a motion for relief from stay is immediately appealable.
Result: Affirmed. January 14, 2020 -
Endurance American Ins. Co. v. Burbridge, No. 19-1416 (2d Cir.)
Posted by NCBRC - November 19th, 2019
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 -
Jaras v. Equifax Inc. No. 17-15201 (9th Cir.)
Posted by NCBRC - July 3rd, 2019
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.)
Posted by NCBRC - May 1st, 2019
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: PendingMcDaniel 10th Cir Amicus April 2019
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Henry v. Educational Financial Service, No. 18-20809 (5th Cir.)
Posted by NCBRC - May 1st, 2019
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)
Posted by NCBRC - February 20th, 2019
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.)
Posted by NCBRC - February 20th, 2019
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.)
Posted by NCBRC - February 20th, 2019
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
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Bankruptcy Court holds Debtor is Entitled to Chapter 13 Discharge even if Co-Debtor is Delinquent on Post-Petition DSO Payments
Posted by NCBRC - February 15th, 2019
A bankruptcy court recently reviewed the issue whether a debtor can receive a discharge under § 1328 even if her co-debtor husband is delinquent on a post-petition DSO payment. The court examined the requirements for discharge using the plain language of § 1328(a).
In this case the debtors, Mr. and Mrs. Hernandez, filed a joint chapter 13 bankruptcy. At filing neither owed a DSO. Approximately two years into their confirmed plan, Mr. Hernandez became liable for a DSO and subsequently fell behind in those payments. Both parties were aware of the DSO and neither reported the delinquency to their attorney nor the trustee.
After completion of the plan payments, Mrs. Hernandez moved for entry of discharge pursuant to 11 U.S.C. § 1328(a). The Trustee objected arguing Mrs. Hernandez was unjustly enriched and that failure to amend the plan demonstrates bad faith. No party disputed that all plan payments were made.
To read more and access the opinion click here.
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