Type: Amicus
Date: April 27, 2017
Description: Whether, in student loan discharge case, income driven repayment plans are relevant to the issue of undue hardship.
Result: Affirmed, September 22, 2017. Debtor won.
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ECMC v. Murray, No. 16-2838 (D. Kans.)
Posted by NCBRC - April 28th, 2017
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Jubber v. Bird, No. 16-39 and Jubber v. Christensen, No. 16-40 (B.A.P. 10th Cir.)
Posted by NCBRC - April 17th, 2017
Type: Amicus
Date: April 6, 2017
Description: Denial of Chapter 7 trustee compensation for attempting to sell over-encumbered homestead.
Result: Judgment affirmed, November 30, 2017. -
Riekki v. Bayview Financial Loan, No. 16-16438 (9th Cir.)
Posted by NCBRC - March 28th, 2017
Type: Amicus
Date: March 6, 2017
Description: Whether Bank of America violated the FCRA by reporting debtor’s debt as delinquent post-discharge.”
Result: Pending -
Anderson v. Credit One Bank, No. 16-2496 (2d Cir.)
Posted by NCBRC - March 6th, 2017
Type: Amicus
Date: February 27, 2017
Description: Whether a predispute arbitration agreement strip a court of the inherent power of contempt to enforce its own orders.
Result: Affirmed and remanded, March 7, 2018. -
Jahn v. Burke, No. 16-6603 (6th Cir.)
Posted by NCBRC - February 21st, 2017
Type: Amicus
Date: February 14, 2017
Description: Whether a debtor, as a party-in-interest, can compel the trustee to abandon property of inconsequential value.
Result: Affirmed, debtor won. July 14, 2017. -
CIT Bank v. Ryan, No. 16-1391(B.A.P. 9th Cir.)
Posted by NCBRC - February 21st, 2017
Type: Amicus
Date: February 16, 2017
Description: Whether debtor who surrendered house in bankruptcy may oppose state court foreclosure action post-discharge.
Result: Pending -
Wilson v. Rigby, No. 16-1684 (W.D. Wash)
Posted by NCBRC - February 6th, 2017
Type: Amicus
Date: February 3, 2017
Description: Whether debtor has 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 -
In re Escarcega, No. 16-1333 (B.A.P. 9th)
Posted by NCBRC - February 6th, 2017
Type: Amicus
Date: January 27, 2017
Description: Whether in the absence of objection, a chapter 13 plan must specify a duration.
Result: Judgment affirmed, September 6, 2017. Debtor lost. -
In re Brown, No. 16-1967 (6th Cir.)
Posted by NCBRC - January 18th, 2017
Type: Amicus
Date: January 9, 2017
Description: Whether Chapter 7 trustee could sell debtor’s residence despite debtor’s alleged right under Michigan law to exempt right to redeem.
Result: Judgment affirmed. March 20, 2017. -
Midland Funding v. Johnson, No. 16-348 (USSCt)
Posted by NCBRC - December 30th, 2016
Type: Amicus
Date: December 21, 2016
Description: Whether filing a proof of claim for a stale debt violates the FDCPA.
Result: PendingJohnson NACBA Amicus SCt Dec 2016
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