Type: Amicus
Date: May 12, 2015
Description: Whether absolute priority rule applies to individuals in chapter 11
Result: Judgment reversed and remanded, August 13, 2015
In re Weidenbenner, No. 15-244 (S.D. N.Y.)
Type: Amicus
Date: June 15, 2015
Description: Whether bankruptcy court erred in ruling that Wells Fargo’s administrative freeze of Chapter 7 debtors’ bank accounts violated the automatic stay.
Result: Pending
Garfield v. Ocwen Loan Servicing, No. 15-527 (2d Cir.)
Type: Amicus
Date: June 13, 2015
Description: Whether the Bankruptcy Code precludes valid claims under the FDCPA.
Result: Judgment reversed, January 4, 2016. Debtor won.
Clark v. Brooks (In re Brooks) No. 14-2856 (7th Cir.)
Type: Amicus
Date: December 11, 2014
Description: Whether debtor may categorically exclude child support from calculation of disposable income.
Result: Affirmed April 23, 2015
Smith v. SIPI, LLC, No. 15-1166 (7th Cir.)
Type: Amicus
Date: May 7, 2015
Description: Whether Chapter 13 debtors received reasonably equivalent value for property sold at a tax sale conducted in accordance with Illinois law, so that sale was not avoidable under 548(a)(1)(B) as a constructively fraudulent transfer.
Result: District court judgment reversed, bankruptcy court judgment affirmed, January 20, 2016.
In re New Century TRS Holdings, No. 14-3923 (3rd Cir.)
Type: Amicus
Date: March 20, 2015
Description: Whether borrowers received adequate notice of company bankruptcy to allow them to file timely proofs of claim.
Result: Vacated and Remanded August 10, 2015
New Century NACBA Amicus
Viegelahn v. Harris, No. 14-400 (U.S. S.Ct.)
Type: Amicus
Date: February 2, 2015
Description: Whether chapter 13 trustee required to return funds to debtor received under plan prior to conversion but distributed to creditors post-conversion.
Result: Reversed, debtor won.
Moses v. CashCall, No. 14-1195 (4th Cir.)
Type: Amicus
Date: July 9, 2014
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.
Law v. Siegel (In re Law), No. 12-5196 (SCt)
Type: Amicus
Date: September 3, 2013
Description: Whether trustee has the power to impose a special charge on the debtor by taking away homestead exemption for failing to comply with the trustee’s demands for information during discovery.
Result: Debtor won, 571 U.S. ___ (March 4, 2014)
Bank of Amer. v. Caulkett, No. 13-1421, Bank of Amer. v. Toledo-Cardona, No.14-163 (S.Ct.)
Type: Amicus
Date: February 23, 2015
Description: Whether wholly unsecured lien may be stripped in chapter 7.
Result: Reversed and Remanded, June 1, 2015