Type: Amicus
Date: March 26, 2018
Description: Whether postpetition rent due under prepetition residential lease was postpetition debt discharged in pro se Chapter 7 debtor’s case.
Result: Pending
-
Richardson v. Priderock Capital Partners, No. 18-1099 (4th Cir.)
Posted by NCBRC - April 19th, 2018
-
Veltre v. Fifth Third Bank, No. 17-2889 (3rd Cir.)
Posted by NCBRC - February 19th, 2018
Type: Amicus
Date: February 5, 2018
Description: Whether a pre-bankruptcy foreclosure sale created a preferential transfer when the mortgage creditor received more than it would have in a hypothetical chapter 7 case.
Result: Judgment affirmed, July 19, 2018. -
Whaley v. Guillen, No. 17-13899 (11th Cir.)
Posted by NCBRC - January 25th, 2018
Type: Amicus
Date: January 23, 2018
Description: Whether Chapter 13 debtors are required to show an unanticipated change in circumstances in order to exercise the statutory right to modify their repayment plans under 11 U.S.C. § 1329.
Result: Pending -
Wilson v. Rigby, No. 17-35716 (9th Cir.)
Posted by NCBRC - December 18th, 2017
Type: Amicus
Date: December 12, 2017
Description: Whether debtor has a right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending -
Nebel v. Warfield (In re Nebel) No. 17-16350 (9th Cir.)
Posted by NCBRC - November 20th, 2017
Type: Amicus
Date: November 16, 2017
Description: Whether the trustee is entitled to turnover of nontransferable property.
Result: PendingNebel 9th Cir NACBA amicus Nov 2017
-
Isaacs v. DBI-ASG Coinvestor Fund, No. 17-5815 (6th Cir.)
Posted by NCBRC - October 16th, 2017
Type: Amicus
Date: September 28, 2017
Description: Whether the Rooker-Feldman doctrine can divest a bankruptcy court of subject matter jurisdiction over causes of action that arise only under the Bankruptcy Code.
Result: Pending -
Brace v. Speier, No. 17-60032 (9th Cir.)
Posted by NCBRC - October 16th, 2017
Type: Amicus
Date: October 5, 2017
Description: Whether court erred in applying California’s community property presumption rather than record title presumption to find that property owned by debtor and his non-debtor spouse was part of bankruptcy estate in its entirety.
Result: Affirmed in part, vacated in part, Nov. 9, 2020. -
Hardesty v. Haber (In re Haber), No. 17-3323 (6th Cir.)
Posted by NCBRC - August 28th, 2017
Type: Amicus
Date: June 28, 2017
Description: Whether trustee may ignore abandonment of estate property where there is post-petition increase in value of that property.
Result: Judgment affirmed, October 30, 2017. Debtor won. -
Vitalich v. Bank of New York Mellon, No. 16-16584 (9th Cir.)
Posted by NCBRC - August 28th, 2017
Type: Amicus
Date: August 24, 2017
Description: Whether automatic stay terminate in its entirety after 30 days under section 362(c)(3)(A).
Result: Pending. -
Hunsaker v. United States, No. 16-35991 (9th Cir.)
Posted by NCBRC - July 11th, 2017
Type: Amicus
Date: May 23, 2017
Description: Whether section 106 waives government immunity from money damages for willful violation of the automatic stay.
Result: PendingHunsaker 9th Cir. NCBRC amicus May 2017
-
Request Assistance
Request assistance with a case.
-
Help NCBRC
NCBRC needs your support to protect the rights of consumer bankruptcy debtors. The most effective way to support NCBRC is with a direct donation.
There are many other ways to give to NRBRC:
iGive.com: When you purchase items at over 1,400 online stores, a percentage of your purchase will be donated to NCBRC. Stores include Macy’s, Melissa and Doug, Bed Bath & Beyond, Nike, Petsmart, and more. Shop and Give today!
-
Keep up with NCBRC
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.NACBA
Visit NACBA.org
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.