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Amicus Project
NACBA files amicus briefs in selected appellate and Supreme Court cases that could significantly impact consumer bankruptcy rights. The program has achieved national recognition and has influenced many important judicial decisions, some of which have specifically cited NACBA's briefs. Many of these briefs are available on the NACBA Web site.
Amicus Project Coordinator: Lisa Sharon (amicus.admin@nacba.org)
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2010
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 Ransom v. MBNA 09-907
Vehicle expense deduction.
Debtor's Attorney: Christopher Burke
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed - debtor lost
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2009
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Hamilton v. Lanning, No. (08-998)
Whether a court should apply the “mechanical” or the “forward-looking” approach to projected disposable income for purposes of a Chapter 13 plan.
Debtor's Attorney: Michael Brunton and Tom Goldstein
NACBA Attorney: Jonathan Marcus
Result/Case Citation: udgment affirmed - Court held "when a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation.
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2009
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Milavetz v. United States (No. 08-1225, 08-1119)
Constitutionality of sections 526 and 528 and definition of DRA.
Debtor's Attorney: Alan Scott Milavetz
NACBA Attorney: Barry Feigenbaum & Jonathan Massey
Result/Case Citation: Judgment affirmed in part, reversed in part; Findings: attorneys are DRAs, section 526(a)(4) narrowly interpreted to prohibit advice leading to abuse of bankruptcy, and section 528 survives facial challenge.
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2009
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Schwab v. Reilly (No. 08-538)
Whether trustee who fails to object to exemption of property in its entirety may later sell such property upon learning that its value exceeds its exemption amount.
Debtor's Attorney: Eric Brunstad & Gino Andreuzzi
NACBA Attorney: William Heuer
Result/Case Citation: Reversed and remanded.
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2009
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United Student Aid Funds v. Espinosa (No. 08-1134)
Whether student loan creditor can conduct post-discharge collection where loan was discharged in Chapter 13 without Adversary Proceeding.
Debtor's Attorney: Michael Meehan & James Robinson
NACBA Attorney: Henry Sommer, Geoff Walsh
Result/Case Citation: Judgment affirmed - debtor won.
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2006
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Marrama v. Citizens Bank of Massachusetts, et al .
Whether the plain language of 11 U.S.C. § 706(a) grants the debtor an unqualified one-time right to convert a chapter 7 bankruptcy case to chapter 13?
Debtor's Attorney: David Baker
NACBA Attorney: John Rao; Craig Goldblatt and Seth Waxman, Wilmer Cutler Pickering Hale and Dorr LLP
Result/Case Citation: No. 05-996, 549 U.S. -- (2007); Debtor lost; Holding that a chapter 7 debtor does not have an absolute right to convert his case to chapter 13. The 5-4 majority concluded that a chapter 7 debtor whose case could be converted or dismissed for cause under 11 U.S.C. § 1307(c) had forfeited the right to proceed under chapter 13.
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2003
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Tennessee Student Assistance Corp. v. Hood
Whether Congress has authority to abrogate state sovereign immunity under the Bankruptcy Clause.
Debtor's Attorney: Leonard H. Gerson
NACBA Attorney:
Result/Case Citation: 124 S.Ct. 1905 (2004) student loan dischargeability suit brought against state does not implicate state’s Eleventh Amendment immunity from suit. Court did not decide abrogation issue.
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2003
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Till v. SCS Credit Corp.
What is the proper method for calculating the discount interest rate in a Chapter 13 cramdown.
Debtor's Attorney: Annette F. Rush
NACBA Attorney:
Result/Case Citation: 124 S.Ct. 1951 (2004). Debtors won. Court adopted "formula approach".
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2003
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Kontrick v. Ryan
Whether deadline in Bankruptcy Rules for creditor objections to discharge can be tolled on equitable grounds.
Debtor's Attorney: E. King Poo
NACBA Attorney:
Result/Case Citation: 124 S.Ct. 906 (2004). Objection deadlines may be waived if debtor fails to assert untimeliness as a defense.
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1997
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Kawaahau v. Geiger
Application of "willful and malicious injury" exception under § 523(a)(6)
Debtor's Attorney: John Durkey
NACBA Attorney:
Result/Case Citation: 118 S.Ct. 974 (1998). Debtor won; only acts itended to cause injury are subject to exception.
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1997
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In re Rash
Valuation of secured claim in Chapter 13
Debtor's Attorney: Laura Grandy
NACBA Attorney:
Result/Case Citation: 117 S.Ct. 1879 (1997). Results inconclusive.
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2012
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In re Seeling, No.30957
Whether inherited IRA may be exempted pursuant to section 522(d)(12)
Debtor's Attorney: Peter C. Lacey
NACBA Attorney: David Baker
Result/Case Citation: pending
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2011
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In re Massey, No. 11-60 (1st Cir. BAP)
Whether debtor may claim exemption in the amount of 100% FMV
Debtor's Attorney: Walter Oney
NACBA Attorney: David Baker, Tara Twomey
Result/Case Citation: Judgment affirmed - debtor lost
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2011
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Berliner v. Pappalardo (In re Puffer), No. 11-1831
Whether all attorney-fee only chapter 13 cases are filed in bad faith.
Debtor's Attorney: Jed Berliner
NACBA Attorney: David Baker
Result/Case Citation: Reversed - debtor won
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2011
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Bell v. Fitzgerald No. 10-10870 (D. Mass)
Whether "property distribution" in section 1325(a) may be satisfied by issuance of new Note and Mortgage
Debtor's Attorney: David Baker
NACBA Attorney: Walter Oney, Lisa Sharon
Result/Case Citation: Debtor lost
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2010
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In re Akalarian No. 09-12681 Bankr. R.I.
Real party in interest and standing to foreclose where chain of title defective
Debtor's Attorney: Keven A. McKenna
NACBA Attorney: Christopher M. Lefebvre
Result/Case Citation: motion for relief from stay withdrawn
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2000
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Bessette v. Avco Financial Services, Inc.
Enforceability of discharge injunction in class action.
Debtor's Attorney: Christopher Lefebvre
NACBA Attorney:
Result/Case Citation: 230 F.3d 439 (1st Cir. 2000). Discharge enforceable through § 105; class action permissible.
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1999
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In re Mann
Whether § 1322(b)(2) prohibits stripping off lien that is wholly unsecured lien.
Debtor's Attorney: Christopher Lefebvre
NACBA Attorney:
Result/Case Citation: 249 B.R. 831 (B.A.P. 1st Cir. 2000). Debtor won; totally unsecured lien may be stripped off.
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1998
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In re Weinstein
Homestead exemption and judicial lien avoidance
Debtor's Attorney: Joseph Bernardo
NACBA Attorney:
Result/Case Citation: 164 F.3d 677 (1st Cir. 1999) Debtor won; state law limitationon exemption for pre-existingdebt preempted.
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1998
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In re Burr
Options available under § 521(2)
Debtor's Attorney: Joel Soforenko
NACBA Attorney:
Result/Case Citation: 160 F.3d 843 (1st Cir.1998)Creditor won-must reaffirm to retain collateral.
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2009
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Connecticut Bar Assn, et al v. Holder (No. 08-4797, 08-5901)
Whether certain provisions of sectoin 526, 527 and 528, relating to debt relief agencies, are unconstitutional. NACBA is a named plaintiff in this action. (Click here for the NACBA's reply )
Debtor's Attorney: Jonathan S. Massey
NACBA Attorney:
Result/Case Citation: Sections 526-528 constitutional in accordance with Milavetz.
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2007
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In re Peaslee, No. 07-3962
Negative equity
Debtor's Attorney: George Reiber
NACBA Attorney: Lewis W. Siegel, Tara Twomey
Result/Case Citation: Judgment affirmed - debtor lost
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2004
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In re Hill
Whether bankruptcy court properly exercised discretion to retain stay violation case rather than refer to arbitration.
Debtor's Attorney: Gary Klein
NACBA Attorney:
Result/Case Citation: 436 F.3d 104 (2d Cir. 2006); Debtors lost; Reversing lower court and holding that bankruptcy court did not have discretion to refuse to enforce the arbitration clause because arbitration of the dispute did not inherently conflict with the Code or necessarily jeopardize the objectives of the Code.
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2000
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In re Taylor
Whether retirement contributions constitute a reasonably necessary expense during Chapter 13.
Debtor's Attorney:
NACBA Attorney:
Result/Case Citation: 243 F.3d 124 (2nd Cir. 2001). Debtor won; whether reason-ably necessary should be decided on case-by-case basis.
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1999
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In re Barbieri
Whether debtors have an automatic right to dismiss Ch 13.
Debtor's Attorney: Gary Fischoff
NACBA Attorney:
Result/Case Citation: 199 F.3d 616 (2dCir. 1999). Debtor won.
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1999
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Fisher v. New Jersey
Sovereign immunity re: discharge of state taxes.
Debtor's Attorney: William Dunnegan
NACBA Attorney:
Result/Case Citation: Appeal Withdrawn.
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1997
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In re Boodrow
Options available under § 521(2).
Debtor's Attorney: William McCarthy
NACBA Attorney:
Result/Case Citation: 126 F.3d 43 (2d Cir. 1997). Debtor won - may retain with continuing payments.
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2011
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DeHart v. Michael, No. 11-1992
Whether creditors have a vested right to undistributed post-petition funds paid into a confirmed chapter 13 plan prior to conversion to chapter 7.
Debtor's Attorney: John Berardino
NACBA Attorney: Irv Ackelsberg
Result/Case Citation: pending
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2009
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Rea v. Federated Investors, No. 10-1440
Whether 525(b) permits denial of employment to prospective employee on the basis of bankruptcy
Debtor's Attorney: Joseph H. Chivers
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment Affirmed - debtor lost
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2007
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 In re Brady (Bankr. D.N.J.)
Whether disposable income for an above-median income debtor is calculated using Form B22 or Schedules I and J.
Debtor's Attorney: Scott Zauber
NACBA Attorney: William Mackin, Tara Twomey, Henry Sommer
Result/Case Citation: Debtor won; 361 B.R. 765 (Bankr. D.N.J. 2007); Holding that Form B22 is controlling when projecting disposable income and that the length of a chapter 13 plan for an above-median income debtor with no disposable income can be less than 60 months. Click here for here for the decision.
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2006
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In re Connors
Whether debtor who, following a sheriff's auction, still possesses a right of redemption under state law is entitled to cure a mortgage default pursuant to § 1322(c)(1)?
Debtor's Attorney: Scott Sherman
NACBA Attorney: Scott Waterman
Result/Case Citation: Debtor lost; 497 F.3d 314 (3d Cir. 2007).
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2006
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In re Scarborough
Whether a chapter 13 debtor may modify, pursuant to section 11 U.S.C. § 1322(b)(2), an undersecured mortgage claim on a multi-unit property that includes a unit in which the debtor does not reside?
Debtor's Attorney:
NACBA Attorney: Scott Waterman, Irwin Trauss, Kenneth West
Result/Case Citation: Debtor won; 461 F.3d 406 (3d Cir. 2006).
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2003
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In re Price
Options available under § 521(2).
Debtor's Attorney: Andrea G. Green
NACBA Attorney:
Result/Case Citation: 370 F.3d 362 (3d Cir. 2004). Debtor won -- may retain with continuing payments.
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1999
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In re Anes
Whether retirement loan repayments may be deducted from Ch 13 disposable income.
Debtor's Attorney: John DiBernardino
NACBA Attorney:
Result/Case Citation: 195 F.3d 177 (3d Cir. 1999). Debtor lost.
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2011
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Gentry v. Circuit City, Inc. No. 10-2418
Whether bankruptcy court erred in denying class certification to employee creditors of Circuit City
Debtor's Attorney:
NACBA Attorney: Irv Ackelsberg
Result/Case Citation: affirmed
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2011
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In re Maharaj, No. 11-1747 (4th Cir.)
Whether absolute priority rule applies to individual debtors in chapter 11.
Debtor's Attorney: Ann Schmidt
NACBA Attorney: Dan Press, Tara Twomey
Result/Case Citation: Pending
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2010
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SunTrust v. Millard, No. 09-2266
Whether debtor could avoid junior lien on principal residence where, but for arrearage on first mortgage, appellant lien would have been secured.
Debtor's Attorney: Pro se
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed - debtor won.
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2008
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In re Meadows, No 07-1968
Whether debtor may surrender a 910-car in full satisfaction of creditor's claim?
Debtor's Attorney: David Cox
NACBA Attorney: Brett Weiss; Tara Twomey
Result/Case Citation: Debtor lost.
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2007
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In re White, No. 06-31611 (Bankr. W.D.N.C.)
Whether debtor may surrender a 910-car in full satisfaction of creditor's claim?
Debtor's Attorney: Geoff Planer
NACBA Attorney: Susan Robicsek, Tara Twomey
Result/Case Citation: Debtor lost; No published decision; Creditor entitled to unsecured deficiency claim.
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2007
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In re Bellamy (Bankr. D. Md.)
Whether chapter 13 trustee must pay debtor's counsel's fees approved under section 1326(a)(2) ahead of claims from secured and unsecured creditors?
Debtor's Attorney: Jeffrey Sirody
NACBA Attorney: Brett Weiss
Result/Case Citation: Debtor mostly won; 379 B.R. 86 (Bankr. D. Md. 2007); holding that after confirmation, if there is any unpaid allowed administrative expenses, including attorney fees, no payment may be made to any other creditor under the plan, unless administrative expense is paid in full, either first or at the same time.
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2007
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In re Price (No. 07-2185)
Whether creditor holding claim that includes payoff of negative equity for trade-in vehicle has a purchase money security interest entitled to protection of the hanging paragraph?
Debtor's Attorney: William Brewer
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor lost, Creditor has pmsi in negative equity.
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2001
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In re Massey
Whether favored treatment of a codebtor claim under § 1322(b)(1) is subject to unfair discrimination test.
Debtor's Attorney: Charles Krumbein
NACBA Attorney:
Result/Case Citation: Appeal dismissed as interlocutory in unpublished opinion.
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2012
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Beaulieu v. Ragos (In re Ragos) No. 11-31046
Whether social security income may be considered in good faith analysis or for purposes of confirming plan over objection of trustee.
Debtor's Attorney:
NACBA Attorney: Geoff Walsh/ Tara Twomey
Result/Case Citation: pending
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2011
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In re Chilton, No. 11-40377
Exemption for Inherited IRA
Debtor's Attorney: Robert M. Nicoud Jr.
NACBA Attorney: Peter Goldberger/Tara Twomey
Result/Case Citation: judgment affirmed - debtor won
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2010
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Burnett v. Stewart Title 10-20250
Whether 525(b) permits denial of employment to prospective employee on basis of bankruptcy.
Debtor's Attorney: Alexander Wathen
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed. Debtor lost.
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2009
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In re Wilborn (No. 09-20415) 5th Cir.
Whether bankruptcy court could certify class to challenge Wells Fargo's charging of undisclosed professional fees during course of Chapter 13 plan.
Debtor's Attorney: Johnie Patterson
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment vacated.
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2008
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In re Miller (08-30601)
Whether debtors may surrender a vehicle purchased for personal use and within 910 days of filing a petition in full satisfaction of a claim?
Debtor's Attorney: Jerry Breaux
NACBA Attorney: Carey Ebert
Result/Case Citation: Debtor lost.
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2007
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In re Hersh (No. 07-10226)
Whether sections 526(a)(4) and 527, related to debt relief agencies, are unconstitutional?
Debtor's Attorney: Howard Marc Spector
NACBA Attorney: Jonathan Massey
Result/Case Citation: Debtor lost: § 527(b), which compels that certain information regarding bankruptcy proceedings be conveyed by the “debt relief agency” to “assisted persons,” does not violate the First Amendment. § 526(a)(4), which prohibits an attorney from advising his or her client to incur debt in contemplation of filing for bankruptcy, is not facially unconstitutional.
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2000
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AT&T University v. Mercer
Justifiable reliance in credit card dischargeability.
Debtor's Attorney: Kaara Liskow
NACBA Attorney:
Result/Case Citation: 246 F.3d 391 (5th Cir. 2001) Debtor sort of lost, rev'd and remanded.
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1999
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Bolin v. Sears Roebuck
FRCP 23(f) appeal of class certification involving challenges to Sears' bankruptcy collection practices.
Debtor's Attorney: Gene Clements
NACBA Attorney:
Result/Case Citation: Certification order based on Rule 23(b)(2) vacated and remanded for consideration under Rule 23(b)(3).
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1999
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In re Rash
Valuation of secured claim in Chapter 13.
Debtor's Attorney: John Durkey
NACBA Attorney:
Result/Case Citation: 90 F.3d 1036 (5th Cir. 1996). Debtor won.
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2011
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In re Schafer, No. 11-1340
Constitutionality of Michigan's Bankruptcy specific exemptions
Debtor's Attorney: Kerry Hettinger
NACBA Attorney: Geoff Walsh/Tara Twomey
Result/Case Citation: pending
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2010
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In re Schafer 10-8030 (BAP), In re Jones, 10-8031,
Constitutionality of Michigan bankruptcy-only exemptions.
Debtor's Attorney: Kerry Hettinger
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment reversed - debtor lost
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2009
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Gold v. Lewis, No. 09-1777
Whether Ford buy-out plan is exempt under 522(d)(11)(E)
Debtor's Attorney: Hugh Robert Pierce
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed - debtor won.
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2008
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In re Shockley (No. 08-3954)
Whether creditor holding claim that includes payoff of negative equity for trade-in vehicle has a purchase money security interest entitled to protection of the hanging paragraph?
Debtor's Attorney: David Kruer
NACBA Attorney: Tara Twomey
Result/Case Citation: Result: appeal dismissed as moot.
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2007
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In re Long
Whether debtor may surrender a 910-car in full satisfaction of creditor's claim?
Debtor's Attorney: John Newton, Brent Snyder
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor Lost.
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2006
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In re Ezell (Bankr. E.D. Tenn.)
Whether debtors may surrender a vehicle purchased for personal use and within 910 days of filing a petition in full satisfaction of creditor's claim.
Debtor's Attorney: Richard Mayer
NACBA Attorney: Cindy Lawson, Tara Twomey
Result/Case Citation: Debtors won; Car may be surrendered in full satisfaction of claim under § 1325(a)(5)(C). 338 B.R. 330 (Bankr. E.D. Tenn. 2006).
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2006
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In re Gentry (Bankr. E.D. Tenn.)
Whether § 1325(a)(4) is applicable to a creditor's claim where such claim is secured by a vehicle purchased for personal use and within 910 days of filing of a petition and whether debtor may satisfy such claim in full by surrendering the vehicle.
Debtor's Attorney: Robert Cave
NACBA Attorney: Alan Lee, Tara Twomey
Result/Case Citation: 2006 WL 3392947 (Bankr. E.D. Tenn. 2006); Debtors won; 910-car may be surrendered in full satisfaction of creditor's claim.
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1999
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In re Rash
Valuation of secured claim in Chapter 13.
Debtor's Attorney: John Durkey
NACBA Attorney:
Result/Case Citation: 90 F.3d 1036 (5th Cir. 1996). Debtor won.
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1999
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Bolin v. Sears Roebuck
FRCP 23(f) appeal of class certification involving challenges to Sears' bankruptcy collection practices
Debtor's Attorney: Gene Clements
NACBA Attorney:
Result/Case Citation: Certification order based on Rule 23(b)(2) vacated and remanded for consideration under Rule 23(b)(3).
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2012
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Rameker v. Clark, Nos. 12-1241, 12-1255
Whether debtor may exempt inherited IRA under section 522(b)(3)(C).
Debtor's Attorney: Denis P. Bartell
NACBA Attorney: Tara Twomey
Result/Case Citation: pending
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2011
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Lindskog v. M & I, No. 10-2278, Bankr. E.D. Wisc
Lien stripping in chapter 13 where discharge unavailable
Debtor's Attorney: David Liebowitz
NACBA Attorney: Abraham Michelson
Result/Case Citation: Creditor's motion to dismiss AP granted - debtor lost
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2011
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Fair v. GMAC No. 10-1128 (E.D. Wisc.)
Lien Strip in chapter 20 where no discharge available
Debtor's Attorney: Rollie R. Hanson
NACBA Attorney: Abraham Michelson
Result/Case Citation: Judgment reversed and remanded - debtor won
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2011
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In re Scott, No. 33131, Bankr. S.D. Ill
Whether debtor who makes payments on secured vehicle may deduct full Ownership Costs set forth in the IRS Local Standards when calculating PDI.
Debtor's Attorney: Karl J. Wulff
NACBA Attorney: Jim Haller
Result/Case Citation: Debtor won
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2007
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In re Wright
Whether debtors may surrender a vehicle purchased for personal use and within 910 days of filing a petition in full satisfaction of a claim?
Debtor's Attorney: Xioaming Wu
NACBA Attorney: JIm Haller, Tara Twomey
Result/Case Citation: 2007 WL 1892592 (7th Cir. July 3, 2007). Debtor lost; Holding debtors may not surrender 910-car in full satisfaction of allowed secured claims.
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2007
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Cardinal Stritch Univ. v. Kuehn (No. 07-3954)
Whether private college can withhold transcripts from a debtor whose debt for tuition has been discharged in Chapter 7?
Debtor's Attorney: Patricia Hammel
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor won. Withholding college transcript due to failure to pay pre-petition loans violates the automatic stay and discharge injunction provisions of the Code.
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2007
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Neary v. Ross-Tousey (No. 07-2503)
Whether debtor is entitled to claim car ownership expense under the IRS Local Standards where the vehicle is not leased or encumbered by a loan?
Debtor's Attorney: George Goyke
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor won: Debtor is entitled to claim car ownership expense under 707(b) regardless of whether debtor currently making payments on loan.
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1997
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In re Hoskins
Valuation of secured property in Chapter 13.
Debtor's Attorney: Lloyd Koehler
NACBA Attorney:
Result/Case Citation: Debtor won.
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2009
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In re Mierkowski, No. 08-3866
Negative equity.
Debtor's Attorney: Kimber Baro
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor lost. 2009 WL 2857998 (8th Cir., Sept. 8, 2009)
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2007
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Brown v. Pyatt
Whether debtor must reimburse the estate where pre-petition checks are cashed post-petition?
Debtor's Attorney: Gary Bollinger
NACBA Attorney: Wendell Sherk, Tara Twomey
Result/Case Citation: Debtor won; 486 F.3d 423 (8th Cir. 2007); Debtor not subject to turnover motion where funds removed from checking account post-petition, on account of pre-petition checks, were no longer under debtor's control.
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2007
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In re Suggs (BAP)
Whether creditor violates the automatic stay by seizing debtor's vehicle pursuant to local rule without filing a motion for relief from the stay.
Debtor's Attorney: Todd Wilhelmus
NACBA Attorney: Tara Twomey
Result/Case Citation: Debtor won; 377 B.R. 198 (B.A.P. 8th Cir. 2007); Holding that local rule permitting self-help repossession followed by a motion for relief from stay is contrary to the provisions of § 362 and FRBP 4001(a) and therefore invalid. In re Suggs, 2007 WL 3242721 (8th Cir. BAP Nov. 5, 2007)
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2007
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In re Frederickson (No. 07-3391)
Whether ACP is multiplier or temporal requirement and whether disposable income is projected using schedules I and J?;
Debtor's Attorney: Rusty Sparks
NACBA Attorney: Wendell Sherk
Result/Case Citation: Judgment reversed and remanded. Court found that under the forward-looking approach the debtor had "projected disposable income" and that the applicable commitment period was, therefore, a temporal requirement rather than a multiplier.
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2012
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American Express Centurion Bank v. Henderson, No. 11-35864, 11-35865
Applicable commitment period for above-median debtor with zero or negative disposable income.
Debtor's Attorney:
NACBA Attorney: Ray DeGuiseppe
Result/Case Citation: Pending
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2011
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Mullen v. Hamlin (In re Hamlin) 11-1083 (9th BAP)
Whether inherited IRA is exempt from bankruptcy estate
Debtor's Attorney: Richard W. Hundley
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed - debtor won
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2011
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In re Friedman, 11-1149 BAP
Application of the absolute priority rule to individual chapter 11 debtor
Debtor's Attorney: Scott D. Gibson
NACBA Attorney: Tara Twomey
Result/Case Citation: judgment reversed - debtor won
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2010
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In re Mwangi, No 09-1408 (9th Cir. BAP)
Whether Wells Fargo's practice of placing administrative holds on depositor's accounts upon the filing of bankruptcy petition violates turnover provision of 542 or automatic stay provision of 362.
Debtor's Attorney: Christopher Burke
NACBA Attorney: Tara Twomey, Lisa Sharon
Result/Case Citation: Debtor won.
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2009
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Olsen v. Gonzales, No. 07-35616, 07-35762
Constitutionality of 11 U.S.C. 526-528
Debtor's Attorney: Keith Karnes
NACBA Attorney: Henry Sommer & Jonathan Massey
Result/Case Citation: Reversed in part, affirmed in part.
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2009
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In re Ransom, 9th Cir. (No. 08-15066)
Whether above-median chapter 13 debtor may take vehicle ownership expense deduction on wholly owned vehicle.
Debtor's Attorney: Christopher Burke
NACBA Attorney: Tara Twomey
Result/Case Citation: Motion for reconsideration denied, petition for cert. filed. Petition for cert. filed in U.S. Sup. Ct. No. 09-907.
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2009
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MERS v. Chong, No. 09-661, (D.Nev.)
Whether MERS has standing to seek lift of stay in its own name.
Debtor's Attorney:
NACBA Attorney: Christopher Burke
Result/Case Citation: Result: judgment for debtor.
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2007
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In re Kagenveama
Is the projection of “disposable income” for purposes of 1325(b)(1)(B) based Form B22C or the difference between Schedules I and J and whether an above-median debtor with zero or negative disposable income is required to propose a 60 month plan?
Debtor's Attorney: Andrew Nemeth
NACBA Attorney: M. Johnathan Hayes, Tara Twomey
Result/Case Citation: Debtor won, 541 F.3d 868 (9th Cir. 2008).
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2007
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In re Rodriguez (9th Cir. BAP)
Whether debtors may surrender a vehicle purchased for personal use and within 910 days of filing a petition in full satisfaction of a claim?
Debtor's Attorney: Robert Russell
NACBA Attorney: Leonard Pena, Tara Twomey
Result/Case Citation: Debtor lost; 375 B.R. 535 (B.A.P. 9th Cir. 2007).
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2007
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Chappell v. Klein (No. 07-35704)
Whether value attributable to appreciation in home is property of the estate where the property was claimed as fully exempt and no objection receive?
Debtor's Attorney: Marc Stern
NACBA Attorney: Tara Twomey
Result/Case Citation: Judgment affirmed - debtor lost.
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2002
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In re Lopez
Whether post-discharge property retention agreement is disguised reaffirmation agreement that violates § 524(c) and (d).
Debtor's Attorney: John Roberts
NACBA Attorney:
Result/Case Citation: 345 F.3d 701 (9th Cir. 2002). Debtors won - agreement which required debtors to pay discharged debt was void reaffirmation.
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2001
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In re Su
Whether Geiger requires application of an objective substantial certainty test for "willful and malicious injury" exception.
Debtor's Attorney: Stanley Zlotoff
NACBA Attorney:
Result/Case Citation: 290 F.3d 1140 (9th Cir. 2002). Debtor won; discharge exception requires proof of subjective intent.
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1999
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Contractor's State Licensing Board v. Dunbar
Preclusive effect of state admin agency's decision.
Debtor's Attorney: David Boone
NACBA Attorney:
Result/Case Citation: 245 F.3d 1058 (9th Cir. 2001)Debtor won; bankr cts havefinal authority on core proceedings.
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1999
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In re Gruntz
Application of stay to criminal prosecution to collect child support debt; state court authority to decide stay/discharge violations.
Debtor's Attorney: Fritz Furman, Joseph Weber
NACBA Attorney:
Result/Case Citation: 202 F.3d 1074 (9th Cir. 1999)Criminal prosecution re: child support within exception to § 362; bankr cts have sole authority to determine stay/discharge violations and are not bound by state ct modifications of stay.
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1997
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In re Been
§ 522(f)(2(C)-avoidance of mortgage deficiency judicial lien.
Debtor's Attorney: Ivan Trahan
NACBA Attorney:
Result/Case Citation: 153 F.3d 1034 (9th Cir. 1998) Debtor won; lien could be avoided since not based on judgment arising out of foreclosure.
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1997
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In re Taffi
Secured claim valuation; Chapter 11 costs of sale.
Debtor's Attorney: Lavar Taylor
NACBA Attorney:
Result/Case Citation: Creditor won.
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2011
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In re Stephens, NO. 11-29 (BAP)
Absolute priority Rule in Chapter 11
Debtor's Attorney: James Brunson
NACBA Attorney: Tara Twomey
Result/Case Citation: pending
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2011
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In re Rolin, 11-40950, D.Kan
Constitutionality of Kansas Bankruptcy-specific exemption
Debtor's Attorney: Frank d. Taff
NACBA Attorney: Jill Michaux
Result/Case Citation: Dismissed as moot; debtor won in companion case In re Westby, No. 11-40986, 2012 Bankr. LEXIS 1428, (Bankr. Kan. April 4, 2012)
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2011
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Woolsey v. Citibank, No. 11-4014
Whether unsecured lien can be stripped-off in chapter 13 where court allowed modification but refused strip-off
Debtor's Attorney: David Cook
NACBA Attorney: Tara Twomey
Result/Case Citation: pending
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2007
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In re Jones (10th Cir. No. 07-3256)
Whether 910-car creditor is entitled to interest on its claim.
Debtor's Attorney: Kenneth Gay
NACBA Attorney: Jill MIchaux, Cynthia Grimes, Tara Twomey
Result/Case Citation: Debtor lost.
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1998
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In re Montgomery
Earned income tax credit property of the estate.
Debtor's Attorney: Jill Michaux
NACBA Attorney:
Result/Case Citation: 2000 US App LEXIS. Debtor Lost.
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2010
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In re Hoffman (No. 09-18839) (Bankr. M.D. Fla)
Whether 506(a) and (d) allow strip off of wholly unsecured lien in Chapter 7.
Debtor's Attorney: James Harper
NACBA Attorney: Tara Twomey, Norman Hull
Result/Case Citation: Debtor lost.
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2010
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In re McNeal, No. 10-1612 (N.D. Ga)
Stripping off wholly unsecured lien in chapter 7 under section 506(d).
Debtor's Attorney: Richard Thomson
NACBA Attorney: Robert O'Kelley Colliersmith
Result/Case Citation: Judgment affirmed - debtor lost
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2009
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Tennyson v. Whaley (No. 09-14628) 11th Cir.
Whether debtor with negative disposable income on Form 22C must file chapter 13 plan with 60 month applicable commitment period.
Debtor's Attorney: Alex Dolhancyk
NACBA Attorney: Tara Twomey
Result/Case Citation: Reversed and remanded - debtor lost.
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2009
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Washington v. Reding, No. 09-0579 (M.D.Ala)
Whether unemployment compensation is excluded from CMI as social security benefit under 101(10A)(B).
Debtor's Attorney: Richard D. Shinbaum
NACBA Attorney: Lisa J. Sharon, Robert D. Segall
Result/Case Citation: Judgment affirmed - debtor lost.
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2008
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In re Barrett, No. 07-14796
Whether debtor may surrender a 910-car in full satisfaction of creditor's claim?
Debtor's Attorney: Earl Gillian
NACBA Attorney: David Poston, Tara Twomey
Result/Case Citation: Debtor lost.
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2007
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In re Graupner (Bankr. M.D. Ga.)
Whether inclusion of negative equity in car financing limits the applicability of the hanging paragraph?
Debtor's Attorney: Brace Luquire
NACBA Attorney: John K. James, Tara Twomey
Result/Case Citation: 2007 WL 1858291 (M.D. Ga. June 26, 2007); Debtor lost; Holding negative equity constitutes part of purchase money obligation under Georgia law and therefore hanging paragraph requires payment in full.
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2006
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In re Sainlar (Bankr. M.D. Fla.)
Whether appreciation in value is an interest acquired for purposes of the homestead cap in § 522(p).
Debtor's Attorney: Robert F. Pflueger
NACBA Attorney: Doug Neway, Tara Twomey
Result/Case Citation: Debtor won; appreciation is not an interest acquired in property for purposes of 522(p); 344 B.R. 669 (Bankr. M.D. Fla. 2006).
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2002
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Great American Financial v. Paschen
Whether § 1322(c)(2) permits the stripdown of short-term mortgages.
Debtor's Attorney: William Edwards
NACBA Attorney:
Result/Case Citation: 296 F.3d 1203 (11th Cir. 2002). Debtor won; mortgages having final payment that comes due during Chapter 13 plan may be modified.
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1999
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Tanner v. Firstplus
Whether § 1322(b)(2) prohibit stripping off lien that is wholly unsecured.
Debtor's Attorney: Douglas Neway
NACBA Attorney:
Result/Case Citation: 217 F.3d 1357 (11th Cir. 2000) Debtor won; totally unsecured lien may be stripped off.
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