AMICUS BRIEFS

READ OUR BRIEFS

Amicus briefs filed by our attorneys sway judicial decision making. In a recent Washington Supreme Court case, NWCLC was cited for providing information relied upon by the court.

Masingale v. Munding

in Masingale v. Munding NWCLC advocates for the protection of debtors claiming a homestead exemption in bankruptcy cases. In this case, the debtor claimed the federal homestead exemption for 100% of fair market value of her home. The Ninth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court to hold that it was an allowed exemption, even though the exemption took the entire asset out of the bankruptcy estate, as the exemption, as listed, put the trustee and creditors on notice to object and no timely objection was received. This case is currently pending before the Ninth Circuit Court of Appeals. For the lower court’s decision, see Masingale v. Munding (In re Masingale), No. 22-1016 (B.A.P. 9th Cir. Nov. 2, 2022).

Young v. Toyota Motor Sales

In Young v. Toyota Motor Sales, U.S.A., 196 Wash.2d 310 (2020), our colleagues at Terrell Marshall Law Group volunteered to write an amicus brief on behalf of NWCLC advocating for fair development of Washington's Consumer Protection Act. The Washington Supreme Court reversed a court of appeals decision finding that false statements by a car dealership were not material to the consumer, declaring "Buyer beware is not the law in the State of Washington."

City of Seattle v. Long

In City of Seattle v. Long, NWCLC teamed up with Northwest Justice Project to urge the Washington Supreme Court to find that the homestead exemption automatically applies to personal property used as a residence. Mr. Long lived in his vehicle until the City of Seattle towed it away and violated his homestead rights. The Court heard oral argument in this case on March 17, 2021.

Ten Bridges v. Guandai

Ten Bridges v. Guandai addressed post-foreclosure equity skimming scams targeting people of color. The Court of Appeals cited our amicus brief in its decision upholding homeowners' rights after foreclosure. NWCLC is grateful for their colleagues at Northwest Justice Project and Jensen Morse Baker PLLC for drafting this important brief.

Copper Creek v. Kurtz

In Copper Creek v. Kurtz, we argue for the Washington Supreme Court to grant review of an important issue affecting Washington consumers: how the bankruptcy discharge effects the statute of limitations of a mortgage. We advocate for the enforcement of statute of limitations when a borrower made their last payment on their mortgage prior to the bankruptcy discharge, over six years ago. This matter is currently pending before the Washington Supreme Court.