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Fourth Circuit Affirms Post-Discharge Protections: Koontz Decision Preserves FDCPA Rights for Bankruptcy Debtors
In a major victory for consumer bankruptcy debtors and their advocates, the U.S. Court of Appeals for the Fourth Circuit reversed a troubling lower court decision in Koontz v. SN Servicing Corporation, holding that a mortgage servicer’s post-discharge collection efforts could still be subject to the Fair Debt Collection Practices Act (FDCPA), even where the […]
Tags: bankruptcy, FDCPA, in rem debt
April 6, 2025
Does Equitable Mootness Prevent Debtors from Appealing Confirmed Chapter 13 Plans?
The Fourth Circuit is set to decide a significant issue in Cook v. Gorman, a case that could determine whether the doctrine of equitable mootness prevents debtors from appealing the confirmation of a Chapter 13 repayment plan. At the heart of the case is whether equitable mootness—commonly used to dismiss appeals in complex Chapter 11 […]
Tags: bankruptcy, confirmation of chapter 13 plan, equitable mootness
March 20, 2025
Ninth Circuit Holds that SSA Cannot Automatically Recoup Overpaid Benefits from a Bankrupt Beneficiary
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 […]
Tags: bankruptcy, discharge, equitable recoupment, public assistance benefit overpayment
Can Debtors Prioritize Retirement Over Creditors? Trustee Seeks Supreme Court Review in In re Saldana
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 […]
Tags: bankruptcy, disposable income, good faith
February 24, 2025
Langston v. Dallas: The Fifth Circuit’s Chance to Reinforce the Finality of Bankruptcy Deadlines
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 […]
Tags: bankruptcy, Rule 2003, Rule 4003
February 17, 2025
Fighting for Fairness: NCBRC, NACBA, and NCLC File Amicus Brief in Michigan Bankruptcy Exemptions Battle
“Michigan’s most vulnerable debtors deserve protection—not political obstruction.” That’s the central argument made by the National Consumer Bankruptcy Rights Center (NCBRC), the National Association of Consumer Bankruptcy Attorneys (NACBA), and the National Consumer Law Center (NCLC) in a critical amicus brief filed before the Michigan Court of Claims. These leading consumer advocacy organizations are weighing […]
Tags: bankruptcy, Exemptions, Michigan
February 12, 2025
NCBRC and NACBA Stand Firm on Bankruptcy Rights in Duarte v. Hillard
What happens when a creditor misses their deadline but tries to bend the rules to get paid anyway? That’s the central issue in Duarte v. Hillard, a case before the Ninth Circuit Court of Appeals, where the National Consumer Bankruptcy Rights Center (NCBRC) and the National Association of Consumer Bankruptcy Attorneys (NACBA) have stepped in […]
Tags: bankruptcy, late filed claim, relation back
February 10, 2025
NCBRC Welcomes Two Esteemed New Board Members
The National Consumer Bankruptcy Rights Center (NCBRC) is thrilled to announce the addition of two distinguished professionals to our Board of Directors: Eugene Melchionne and Thomas Moers Mayer. With decades of legal expertise and deep commitments to consumer bankruptcy rights, Gene and Tom bring invaluable knowledge and leadership to our mission. Eugene Melchionne: A Champion […]
Tenth Circuit to Decide Dispute Over Child Tax Credit Exemption in Bankruptcy
Facts The Tenth Circuit is reviewing a case that centers on Colorado’s bankruptcy exemption statute, which allows debtors to exempt the “full amount” of tax refunds attributed to the Child Tax Credit (CTC). The debtor, Jose L. Garcia-Morales, filed for Chapter 7 bankruptcy in 2021 and claimed an exemption for his $1,800 CTC, which resulted […]
Tags: bankruptcy, Exemptions
January 14, 2025
Eleventh Circuit to Decide Key Issues in Post-Confirmation Plan Modifications
Facts In In re Conte, the Eleventh Circuit is reviewing a decision from the District Court for the Southern District of Alabama that upheld a bankruptcy court’s denial of a Chapter 13 trustee’s motion to modify confirmed plans based on debtors’ post-confirmation personal injury settlements. The cases involve two Chapter 13 debtors: Lisa Boutwell, who […]
Tags: bankruptcy, Property of Estate
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