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
4th Circuit Holds a Deferred Entry of Conviction by Probation Before Judgment is Non-Dischargeable as a “Conviction” Under Section 1328(a)(3)
In In re Feyijinmi, the 4th Circuit held that a debt for restitution ordered as part of a criminal conviction is nondischargeable under 11 U.S.C. § 1328(a)(3), even if the conviction was expunged or the restitution was later converted to a civil matter. Additionally, the State’s characterization of the debt on its proof of claim as “court fees”…
The Supreme Court Holds That the Bankruptcy Code Does Not Authorize a Nondebtor Discharge Without the Consent of the Claimants
Holding On June 27, 2024, the Supreme Court in a 5-4 decision in Harrington v Purdue Pharma, Case No. 23-124 (2024) held that the Bankruptcy Code does not authorize a release and injunction that, as part of a Chapter 11 reorganization plan, effectively discharges claims against nondebtors without the consent of affected claimants. Facts Purdue Pharma,…
Ninth Circuit To Determine Whether Section 1322(c)(2) Allows Birfurcation of Residential Mortgage Claims
In Mission Hen LLC v Lee, Case No. 23-4220 (9th Cir. 2023), the Ninth Circuit is considering whether the Ninth Circuit B.A.P. erred by concluding that a chapter 13 plan may modify and bifurcate an undersecured lien secured by the debtor’s principal residence pursuant to 11 U.S.C. § 1322(c)(2). Mission Hen argues that the plan violates the anti-modification…