Type: Amicus
Date: December 12, 2017
Description: Whether debtor has a right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending
Wilson v. Rigby, No. 16-1684 (W.D. Wash)
Type: Amicus
Date: February 3, 2017
Description: Whether debtor has right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending
Peake v. Ayobami, No. 16-20589 (5th Cir.)
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
Lua v. Miller, No. 15-56814 (9th Cir.)
Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending
Hardy v. Fink, No. 14-1181 (8th Cir.)
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.
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)
Running v. Miller (In re Miller), No. 13-3682 (8th Cir.)
Type: Amicus
Date: March 27, 2014
Description: Whether Individual Retirement Annuity created by lump sum rollover contribution from exempt Individual Retirement Account is exempt under section 522(b)(3)(C).
Result: Judgment affirmed, debtor won. February 13, 2015
Miller 8th Cir NACBA amicus
Miller 8th Cir Opinion
Clark v. Rameker, No. 13-299 (USSCt.)
Type: Amicus
Date: January 17, 2014
Description: Inherited IRA exemption
Result: Judgment Affirmed July 14, 2014
In re Abdul-Rahim, No. 12-3448 (8th Cir.)
Type: Amicus
Date: April 3, 2013
Description: Whether an unliquidated personal injury claim may be exempted in bankruptcy.
Result: Judgment Affirmed July 12, 2013
Williamson v. Westby (In re Westby), No. 12-27 (B.A.P. 10th Cir.)
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