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
Bankruptcy-Specific Exemptions Found Constitutional by Tenth Circuit BAP
The Bankruptcy Appellate Panel for the Tenth Circuit found that Kansas’s bankruptcy-only exemption scheme, under which a debtor in bankruptcy is permitted to exempt his Earned Income Tax Credit, is constitutional. Williamson v. Westby (In re Westby), No. 12-27 (B.A.P. 10th Cir. Feb. 4, 2013). [Read more…] about Bankruptcy-Specific Exemptions Found Constitutional by Tenth Circuit BAP
In re Lea, No. 12-1298 (D. Kan)
Type: Amicus
Date: December 18, 2012
Description: Constitutionality of state bankruptcy-specific exemption statute
Result: Judgment affirmed, August 16, 2013
In re Hudson, No. 12-1297 (D. Kan.)
Type: Amicus
Date: December 12, 2012
Issue: Constitutionality of Kansas’s bankruptcy-specific exemption statute.
Result: Judgment affirmed, August 16, 2013
Williamson v. Westby, No. 12-27 (B.A.P. 10th Cir.)
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
Rameker v. Clark, Nos. 12-1241, 12-1255 (7th Cir.)
Type: Amicus
Date: May 4, 2012
Description: Whether debtor may exempt inherited IRA under section 522(b)(3)(C).
Result: Judgment reversed, debtor lost (April 23, 2013); Petition for rehearing denied (May 21, 2013); Cert. granted No. 13-299 and judgment affirmed (June 12, 2014)
In re Rolin, No. 11-40950 (D. Kan.)
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)
NACBA Files Amicus Brief on Issue of Claiming 100% FMV for Exemption
In the case of In re Massey, No. 11-60 (B.A.P. 1st Cir.) NACBA has filed an amicus brief arguing that pursuant to the plain language of the Bankruptcy Code and the Supreme Court’s decision in Schwab v. Reilly, 560 U.S. __,130 S.Ct. 2652 (2010) a debtor may claim an exemption in property in the amount of 100% of the fair market value. The brief further argues that if the trustee believes that the fair market value of debtor’s interest in the property exceeds the allowed amount for the exemption, that issue is properly the subject of an evidentiary hearing. Finally, NACBA disputes the trustee’s position that post-petition appreciation of a fully exempt is property of the estate.
Brief
In re Massey, No. 11-60 (B.A.P. 1st Cir.)
Type: Amicus
Date: October 18, 2011
Description: Whether debtor may claim exemption in the amount of 100% FMV.
Result: Judgment affirmed, February 27, 2012
Chappell v. Klein, No. 07-35704 (9th Cir.)
Type: Amicus
Date: March 12, 2008
Description: Whether value attributable to appreciation in home is property of the estate where the property was claimed as fully exempt and no objection received.
Result: Affirmed. Debtor lost.