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Protecting The Rights Of Consumer Debtors In Bankruptcy

United States Courthouse

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.

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Latest Posts

Ninth Circuit Holds that SSA Cannot Automatically Recoup Overpaid Benefits from a Bankrupt Beneficiary

By NCBRC Editor | March 20, 2025

The Ninth Circuit has issued a significant ruling in In re Cooper, reversing the Bankruptcy Appellate Panel’s (BAP) decision that allowed the Social Security Administration (SSA) to recoup overpaid Social Security Disability Insurance (SSDI) benefits from a debtor who had received a bankruptcy discharge. The court’s decision strengthens the protections afforded to debtors under the…

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Can Debtors Prioritize Retirement Over Creditors? Trustee Seeks Supreme Court Review in In re Saldana

By NCBRC Editor | February 24, 2025

In a move that could have sweeping implications for Chapter 13 bankruptcy cases nationwide, Martha G. Bronitsky, the Chapter 13 Trustee, has filed a petition for certiorari with the Supreme Court in In re Saldana. The case centers on whether voluntary contributions to retirement accounts should be excluded from a debtor’s disposable income calculation. The…

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Langston v. Dallas: The Fifth Circuit’s Chance to Reinforce the Finality of Bankruptcy Deadlines

By NCBRC Editor | February 17, 2025

In consumer bankruptcy, finality and procedural certainty are paramount. The ability of debtors to claim exemptions—and for creditors to challenge those claims—is governed by well-defined rules that ensure the timely administration of cases. Yet, in Langston v. Dallas Commodity Company, the courts have permitted an untimely objection to stand, raising critical concerns about the enforceability…

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