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
Supreme Court Asked to Decide Whether Chapter 13 Debtors Can Prioritize Retirement Contributions Over Unsecured Creditors—NCBRC Monitoring Case Closely
The consumer bankruptcy world is watching closely as a critical issue heads to the U.S. Supreme Court in Bronitsky v. Saldana. The case, now pending in a petition for certiorari, asks whether Chapter 13 debtors may continue contributing to retirement accounts at the expense of unsecured creditors. The Ninth Circuit said yes. The petitioning Chapter…
Ninth Circuit Confirms Right to Cramdown Short-Term Mortgages in Major Win for Chapter 13 Debtors
In a resounding victory for Chapter 13 consumer debtors, the U.S. Court of Appeals for the Ninth Circuit affirmed that a debtor may bifurcate and “cram down” a junior mortgage claim—even when the loan is secured solely by the debtor’s principal residence—so long as the loan matures during the plan term. The opinion in Mission…
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…