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).
Posted by NCBRC - February 23rd, 2013
Type: Debtor’s brief
Date: June 18, 2013
Description: Constitutionality of bankruptcy-specific exemption
Result: Judgment affirmed, debtor won. Trustee filed notice of appeal to 10th Cir. No. 13-3044
Posted by NCBRC - December 27th, 2012
Type: Amicus
Date: December 18, 2012
Description: Constitutionality of state bankruptcy-specific exemption statute
Result: Judgment affirmed, August 16, 2013
Posted by NCBRC - December 14th, 2012
Type: Amicus
Date: December 12, 2012
Issue: Constitutionality of Kansas’s bankruptcy-specific exemption statute.
Result: Judgment affirmed, August 16, 2013
Posted by NCBRC - June 18th, 2012
Type: Debtor’s Brief
Date: June 17, 2012
Description: Whether state bankruptcy-only exemption statute is constitutional under the Bankruptcy and Supremacy Clauses.
Result: Judgment affirmed, February 4, 2013, appeal to 10th Cir, No. 13-3044 dismissed March 29, 2013
Westby Debtor Brief
Posted by NCBRC - November 15th, 2011
Type: Amicus
Date: November 3, 2011
Description: Constitutionality of Kansas bankruptcy-specific exemption.
Result: Dismissed as moot; debtor won in companion case In re Westby, No. 11-40986, 2012 Bankr. LEXIS 1428, (Bankr. Kan. April 4, 2012)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: July 22, 2010
Description: Constitutionality of Michigan’s Bankruptcy specific exemption scheme.
Results: Reversed. Debtor lost.
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: September 26, 2007
Description: Whether sections 526(a)(4) and 527, related to debt relief agencies, are unconstitutional.
Result: Affirmed in part, reversed in part. Debtor lost.
Posted by NCBRC - September 1st, 2011
Posted by NCBRC - August 30th, 2011
Type: Amicus
Date: June 28, 2011
Description: Whether Michigan’s exemptions, which are available only to bankruptcy debtors, violate the Bankruptcy Clause of the U.S. Constitution.
Result: Affirmed Aug. 20, 2012
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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.
