Type: Amicus
Date: January 26, 2016
Description: Whether Chapter 13 debtors are required to amend their bankruptcy schedules to reflect post-petition tort actions and whether debtors have standing to bring causes of action in their own name on behalf of the estate.
Result: Affirmed, per curiam, June 9, 2016
Hayes v. Delbert Services Corp. No. 15-1170 & 15-1217 (4th Cir.)
Type: Amicus
Date: June 17, 2015
Description: Whether Western Sky’s arbitration provision is enforceable.
Result: Reversed and remanded, February 2, 2016. Debtor won.
Nelson v. Midland Credit Management, No. 15-2984 (8th Cir.)
Type: Amicus
Date: January 25, 2016
Description: Whether filing a proof of claim for a time-barred debt violates the FDCPA.
Result: Judgment affirmed, July 11, 2016. Debtor lost.
Milavetz v. United States, No. 08-1119 (U.S.S.Ct.)
Type: Amicus
Date: August, 2009
Description: Whether BAPCPA’s attorney disclosure requirements are unconstitutional.
Result: Affirmed in part, reversed in part, and remanded, March 8, 2010. Milavetz, Gallop & Milavetz, P.A. v. United States, 130 S.Ct. 1324 (2010).
In re Peet, No.15-2040 (8th Cir.)
Type: Amicus
Date: September 23, 2015
Description: Whether chapter 7 debtors’ filing of Bankruptcy automatically severed joint tenancy in which the debtors owned property with the debtor wife’s parents, so that, when both parents died post-petition, debtors became sole owners and interest in property became property of the estate.
Result: Affirmed April 27, 2016.
Owens v. LVNV Funding, Nos. 15-2044 (consol. 15-2082, 15-2109) (7th Cir.)
Type: Amicus
Date: December 18, 2015
Description: Whether proof of claim for time-barred debt may be the basis for a claim for violation of the FDCPA.
Result: Judgment affirmed, August 10, 2016
Jones v. Bob Evans Farms, Inc., No. 15-2058 (8th Cir.)
Type: Amicus
Date: August 10, 2015
Description: Whether under Rule 1007(h) a chapter 13 debtor has a duty to disclose acquisition of post-petition legal claim.
Result: Affirmed, January 26, 2016. Debtor lost.
Murphy v. U.S. Dept. of Educ., No. 14-1691 (1st Cir.)
Type: Amicus
Date: July 29, 2015
Description: Whether Brunner test for undue hardship is too severe and is obsolete.
Result: Voluntarily dismissed June 16,2016.
Moses v. Cash Call, No. 14-1195 (4th Cir.)
Type: Amicus on petition for rehearing
Date: April 7, 2015
Description: Whether CashCall entitled to arbitration pursuant to lending agreement where debtor filed adversary complaint seeking judgment that agreement illegal and void.
Result: Affirmed in part, reversed in part. March 16, 2015; Debtor’s petition for rehearing denied April 27, 2015.
In re Sagendorph, No. 14-41675 (Bankr. D. Mass.)
Type: Amicus
Date: March 23, 2015
Description: Whether Chapter 13 plan can include provision vesting title to surrendered property in secured creditor.
Result: Plan confirmed, June 22, 2015
Sagendorph Bankr Mass opinion