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.
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Hardy v. Fink, No. 14-1181 (8th Cir.)
Posted by NCBRC - March 16th, 2016
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Wilkerson v. Niklas, No. 15-7152 (D.C. Cir.)
Posted by NCBRC - March 10th, 2016
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.)
Posted by NCBRC - March 3rd, 2016
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)
Posted by NCBRC - March 3rd, 2016
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, 2016Husky International SCt opinion 2016
Ritz SCt NACBA Amicus Jan 2016
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VPSI, Inc. v. Padula, No. 15-2114 (4th Cir.)
Posted by NCBRC - January 26th, 2016
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.)
Posted by NCBRC - January 26th, 2016
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.)
Posted by NCBRC - January 26th, 2016
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.)
Posted by NCBRC - January 14th, 2016
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.)
Posted by NCBRC - January 14th, 2016
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.)
Posted by NCBRC - January 4th, 2016
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
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