Type: Amicus
Date: October 21, 2016
Description: Dischargeability of postpetition HOA dues and assessments in chapter 13.
Result: Reversed and remanded, July 10, 2018.
Abeyta v. Bank of America, No. 16-15707 (9th Cir.)
Type: Amicus
Date: September 2, 2016
Description: Whether creditor’s failure to report to a credit reporting agency that a debt had been treated in the debtor’s successfully completed chapter 13 plan stated a cause of action under the Fair Credit Reporting Act.
Result: Pending
Acosta Conniff v. ECMC, No. 16-12884 (11th Cir.)
Type: Amicus
Date: August 22, 2016
Description: Whether the debtor was entitled to hardship discharge of her student loans.
Result: Reversed and remanded, April 19, 2017.
LVNV Funding, LLC v. Harling, No 16-1346, LVNV v. Rhodes, No. 16-1347 (4th Cir.)
Type: Amicus
Date: August 22, 2016
Description: Whether provision in confirmed chapter 13 plan, which reserved the debtors’ right to object to proofs of claim was sufficient to reserve the debtors’ right to object to unsecured creditor’s proof of claim for time-barred debt.
Result: Pending
Lynch v. Jackson, No. 16-1358 (4th Cir.)
Type: Amicus
Date: July 5, 2016
Description: Whether the Means Test calculation requires the debtor to use expense deductions, as those amounts are specified in the National and Local Standards published by the Internal Revenue Service (IRS).
Result: Affirmed, January 4, 2017, debtor won.
Ingram v, AAA Cooper Transportation, No. 16-11440 (11th Cir.)
Type: Amicus
Date: June 16, 2016
Description: Whether Chapter 13 debtors have a free-standing duty to amend their bankruptcy schedules to reflect the post-petition acquisition of a legal claim. Whether judicial estoppel is appropriately applied against former Chapter 13 debtors who attempt to amend their bankruptcy schedules.
Results: Pending
Hardy v. Fink, No. 14-1181 (8th Cir.)
Type: Amicus
Date: November 10, 2014
Description: Whether the refundable component of the federal child tax credit was not exempt as a “public assistance benefit” under Missouri law, and whether the facts were not sufficiently developed below to support a precedential decision.
Result: Reversed June 2, 2015. Debtor won.
Wilkerson v. Niklas, No. 15-7152 (D.C. Cir.)
Type: Amicus
Date: March 8, 2016
Description: Whether the debtor is entitled to a deduction in the amount specified by the IRS Standards or must deduct actual expenses for Housing/Rent and Transportation Ownership.
Result: Voluntarily dismissed, April 5, 2016
In re Sagendorph, No. 15-40117 (D. Mass.)
Type: Amicus
Date: February 17, 2016
Description: Whether a chapter 13 debtor may employ the option of providing for vesting of property in the creditor whose debt is secured by that property.
Result: Reversed and remanded, January 23, 2017
Husky International Electric v. Ritz, No. 15-145 (USSCt)
Type: Amicus
Date: January 25, 2016
Description: Whether section 523(a)(2)(A)’s exception to discharge for “actual fraud” requires that the debtor make a false representation to the creditor or may be established through fraudulent conveyance.
Result: Reversed and remanded, May 16, 2016
Husky International SCt opinion 2016
Ritz SCt NACBA Amicus Jan 2016