Bankruptcy Archives

Bankruptcy Issue Spotting and Debt Settlement Red Flags: Practical Guidance for Attorneys

March 24, 2026

TIME: 2 – 4 PM EST This webinar will equip attorneys with practical tools for evaluating when bankruptcy can serve as an effective strategy to stop public housing evictions, unwind certain foreclosures, discharge student loan debt, halt wage garnishments, and address other urgent financial issues. Rather than functioning as a step by step filing guide,…

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Bloomberg Law: Senators to Weigh Raising Chapter 13 Debt Limits for Consumers

September 2, 2025

Appearing in Bloomberg Law on September 2, 2025, Angelica Serrano-Roman interviews NCLC Senior Attorney John Rao about how the Senate is expected to consider raising Chapter 13 debt limits—a move that practitioners say would ease pressure on consumers from housing costs and student loans. A regular consumer won’t opt for liquidation or Chapter 11 —…

NCLC Supports Rep. Correa's Student Loan Bankruptcy Improvement Act.

July 11, 2025

NCLC supports Rep. Correa’s Student Loan Bankruptcy Improvement Act, which would give a meaningful opportunity for financially distressed Americans to discharge student loan debts in bankruptcy by changing the standard used by courts in handling requests for discharge.

Hodges v. NewRez, LLC d/b/a Shellpoint Mortgage Servicing and The Bank of New York Mellon

January 21, 2025

Hodges v. NewRez, LLC d/b/a Shellpoint Mortgage Servicing and The Bank of New York Mellon, 1:25-cv-10147 (D. Mass.) The case seeks classwide relief against mortgage servicer NewRez, LLC, and loan holder Bank of New York Mellon for their mishandling of “zombie” second mortgages. The complaint alleges that the defendants failed, as a matter of systematic…

Digital Library: Extensive Bankruptcy Rules Changes Now In Effect

December 3, 2024

This article explains the implications of bankruptcy rule changes for individual debtors and provides resources to deal with the changes.

Suggested Amendment to Bankruptcy Rule 3001(c) Submitted to Bankruptcy Rules Committee

September 11, 2024

These comments request that the Bankruptcy Rules Committee consider an amendment to Rule 3001(c) to fix a substantive change made by the restyling of the rule that may have limited the ability of a bankruptcy court to impose sanctions for creditor noncompliance with the proof of claim requirements.

2025 Consumer Protection Federal Priorities

October 21, 2024

NCLC will pursue common-sense regulatory and legislative reforms to ensure fairness, fight fraud, and protect consumers in 2025.

Digital Library: When (and When Not) to File Bankruptcy

October 14, 2024

This article aids practitioners and others working with clients in determining when a client should or should not file bankruptcy, including the top seven reasons to file and seven reasons not to file bankruptcy. Just as important is knowing the best time to start planning for and filing a bankruptcy, and knowing the cost of filing…

USA Today: Can medical bankruptcy help with medical bills?

May 9, 2023

Originally appearing in USA Today on May 9, 2023, Hanna Horvath and Jenn Jones quotes John Rao in coverage of the impact of medical debt on consumers and whether bankruptcy can help. “It’s not just about the actual medical bill. It’s also all the other bills that can’t get paid while you deal with medical…

Amicus Brief from Public Citizen, NCLC, and NACA in Support of Respondent in LAC Du Flambeau v. Coughlin Supreme Court Case

March 30, 2023

NCLC and NACA joined an amicus brief prepared by Public Citizen in the Supreme Court case of Lac Du Flambeau v. Coughlin. The issue presented by the case is whether the Bankruptcy Code can abrogate the sovereign immunity of Native American tribes.

Ipse Dixit Podcast: Andrea Bopp Stark & Geoffrey Walsh on Carceral Bankruptcy

October 4, 2022

Season 1, Episode 762 of the Ipse Dixit podcast aired on Oct. 4, 2022. Andrea Bopp Stark and Geoffrey Walsh discuss their work on fines and fees in bankruptcy case, with a particular focus on their article, Sentenced to a Life of Debt: It Is Time for a Reassessment of How Bankruptcy Law Intersects with Fines and Fees…

Digital Library: New Supreme Court Ruling–When Is a Bankruptcy Debtor on the Hook for Partner’s Fraud?

March 2, 2023

On February 22, the Supreme Court in Bartenwerfer v. Buckley, 2023 WL 2144417 (U.S. Feb. 22, 2023), held that a debt incurred by business partners and obtained by fraud may not be discharged in bankruptcy even when the debtor is an innocent partner who did not commit the fraud. One can expect bankruptcy creditors to try…

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