Welcome to the National Consumer Bankruptcy Rights Center (NCBRC). We are dedicated to protecting the rights of consumer debtors in bankruptcy appeals, ensuring fair and just treatment within the legal system. Our mission is to advocate for a balanced approach to bankruptcy law, providing support and resources for consumers and attorneys alike. Together, we strive to uphold the integrity of the bankruptcy process for individuals seeking a fresh financial start.
Latest Posts
5th Circuit Holds That The 30-Day Window To Object to Exemptions in Rule 4003(b)(1) Can Be Waived
In Langston v. Dallas Commodity Company, No. 24-10883 (5th Cir. Nov. 17, 2025), the U.S. Court of Appeals for the Fifth Circuit addressed a recurring challenge in consumer bankruptcy practice: what happens when a trustee fails to properly continue a Section 341 meeting of creditors under Federal Rule of Bankruptcy Procedure 2003(e)? While the court…
Ninth Circuit Holds Debtor’s Post-Claim Deadline Plan Amendments Do Not Salvage a Late Claim – Duarte v. Hillard
Holding. In Duarte, No. 24-5156, 2025 LX 413952 (9th Cir. Oct. 23, 2025), the Ninth Circuit Court of Appeals affirmed the disallowance of a creditor’s untimely proof of claim. The ruling reinforces strict adherence to the filing deadlines under the Bankruptcy Code and underscores that post-bar-date actions by a debtor do not substitute for a…
Ninth Circuit Rejects Claim Preclusion in Successive Exemption Claims
In a major win for consumer debtors and the attorneys who represent them, the Ninth Circuit Court of Appeals has reversed the District Court’s ruling in Warfield v. Nance, reaffirming that debtors may amend their bankruptcy exemptions even after earlier claims have been denied. The decision safeguards the principle that exemptions must be liberally construed…