Posted by NCBRC - December 30th, 2016
Type: Amicus
Date: December 20, 2016
Description: Whether post-petition appreciation devolves to a debtor electing federal exemptions when the debtor checks off the 100% FMV box and does not exceed the statutory limitation on exemptions.
Result: Pending
Ayobami NACBA Amicus 5th Cir Dec 2016
Posted by NCBRC - November 28th, 2016
Type: Amicus
Date: November 14, 2016
Description: Late-filed tax return.
Result: Petition denied, February 21, 2017.
Posted by NCBRC - November 28th, 2016
Type: Amicus
Date: October 24, 2016
Description: Judicial estoppel in pre-bankruptcy employment discrimination action.
Result: Remanded to original panel on en banc reconsideration. September 18, 2017.
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: October 21, 2016
Description: Dischargeability of postpetition HOA dues and assessments in chapter 13.
Result: Reversed and remanded, July 10, 2018.
Posted by NCBRC - September 9th, 2016
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
Posted by NCBRC - August 31st, 2016
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.
Posted by NCBRC - August 31st, 2016
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
Posted by NCBRC - July 5th, 2016
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.
Posted by NCBRC - June 21st, 2016
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
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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
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.
