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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 […]
Tags: bankruptcy, Rule 3002, Rule 3004
November 5, 2025
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 […]
Tags: bankruptcy, claim preclusion, Rule 1009
October 14, 2025
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Every victory in court, every legal precedent that protects debtors, and every resource we offer exists because of you-our donors. We are honored to recognize the advocates and allies whose contributions fuel NCBRC’s work. They are NCBRC Heroes! Diamond Level (Over $10,000) AMERICAN COLLEGE OF BANKRUPTCY FOUNDATION HSF KRAMER LOWENSTEIN SANDLER LLP (CY PRES) QUINN […]
NCBRC and Allies File Amicus Brief in Romero Appeal on Tax Purchaser Interest Rates
On August 20, 2025, the National Consumer Bankruptcy Rights Center (NCBRC), together with Legal Aid Chicago, filed an amicus curiae brief in the Seventh Circuit in support of debtor–appellant Bernardo Romero. The case raises a recurring and important issue for homeowners who seek Chapter 13 relief to save their homes from tax purchasers.
Tags: bankruptcy, Interest Rate, real estate taxes
August 27, 2025
Tenth Circuit Affirms Exemption of Child Tax Credit Refunds in Garcia-Morales
In Cohen v. Garcia-Morales, No. 24-1384 (10th Cir. Aug. 19, 2025), the Tenth Circuit addressed whether a Chapter 7 debtor’s federal tax refund, traceable to a refundable child tax credit, must be turned over to the bankruptcy trustee. Affirming both the bankruptcy and district courts, the panel held that the refund was wholly exempt under […]
Tags: bankruptcy, but-for, pro-rata, refundable child tax credit
August 20, 2025
Eleventh Circuit Upholds the Bankruptcy Court’s Discretion to Deny Trustee’s Plan Modification Based on Postpetition PI Proceeds
In Conte v. Hill, No. 24-10264, the U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court’s order denying a Chapter 13 trustee’s motion to modify two confirmed plans to require turnover of post-confirmation personal injury settlement proceeds. The injuries in both cases occurred post-petition. The Eleventh Circuit affirmed that plan modification remains […]
Tags: bankruptcy, discretion, Plan modification
August 1, 2025
Eighth Circuit Ducks Issue Whether Defensive Appellate Rights Are Estate Property, but Highlights Necessity of Staying an Order Granting Sale
July 31, 2025 — In Humphrey v. Christopher, No. 24-1854, the U.S. Court of Appeals for the Eighth Circuit sidestepped a key question in consumer bankruptcy law: whether a debtor’s defensive appellate rights are part of the bankruptcy estate and may be sold by the trustee. Instead, the court resolved the case on procedural grounds, […]
Tags: bankruptcy, defensive appellate rights, statutory mootness
July 31, 2025
NCBRC and NACBA Urge Second Circuit to Preserve Bankruptcy Court Jurisdiction Over Tax Dischargeability
July 31, 2025 — The National Consumer Bankruptcy Rights Center (NCBRC) and the National Association of Consumer Bankruptcy Attorneys (NACBA) filed an amicus brief in the Second Circuit in In re Goebel, No. 25-103, in support of a Chapter 7 debtor seeking a determination that over $500,000 in tax debts owed to the Internal Revenue […]
Tags: bankruptcy, Declaratory Judgment Act, taxes
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