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By Ed Boltz, 1 October, 2025

N.C. Ct. of Appeals: Irish Creek HOA v. Rogers - Foreclosure Set Aside as Covid-Era Service was Insufficient

Summary:

Trenita Rogers bought her Winterville home in 2010, subject to the Irish Creek HOA. In 2021, after allegedly failing to pay $1,391.23 in assessments, the HOA filed liens and moved forward with foreclosure. Notice was attempted by certified mail during the USPS’s Covid-19 “contactless” protocol—where carriers often signed “C19” themselves instead of obtaining the addressee’s signature—and by sheriff posting without a proper court order.

By Ed Boltz, 29 September, 2025

Bankr. M.D.N.C: In re Rogers- Postpetition Fees, Rule 3002.1, and N.C.G.S. § 45-91

Summary:

Following In re Owens and 

By Ed Boltz, 26 September, 2025

M.D.N.C.: Danny K. v. Experian- FCRA Claim Forced into Arbitration by Credit Monitoring Click-Through

Summary:

In this case, a veteran found his home purchase delayed because Experian could not generate his credit report—an error caused by Experian’s system refusing to recognize his legal last name, “K.” As a result, he was forced into a higher-rate variable mortgage and an extra month of rent. He sued under the Fair Credit Reporting Act.

By Ed Boltz, 25 September, 2025

M.D.N.C.: Joyner-Perry v. Selene- FDCPA & NC Debt Collection Claims Survive Motion to Dismiss by Mortgage Servicer

Summary:

Three North Carolina homeowners brought a putative class action against Selene Finance, alleging that Selene’s standardized “default and intent to accelerate” letters violated the FDCPA, the North Carolina Debt Collection Act, and the North Carolina Collection Agencies Act. They also asserted negligent misrepresentation under state law. Selene moved to dismiss.

By Ed Boltz, 24 September, 2025

Bankr. W.D.N.C.- In re Gilbert- Sua Sponte Dismissal Hearing for Third Filing, Despite no Automatic Stay

Summary and Commentary (In re Gilbert, W.D.N.C. 2025)

Russell Wade Gilbert filed his third Chapter 13 case in just over fourteen months, all pro se and without an attorney. His first case (June 2024) was dismissed for failure to propose a feasible plan, make initial payments, and file required tax returns. His second case (November 2024) was dismissed in July 2025 for defaulting on plan payments. Just six weeks later, he filed the present case in August 2025.

By Ed Boltz, 23 September, 2025

Bankr. E.D.N.C.: Sanderson v. Gross Family Trust- Avoidance of "Estate Planning" Transfer

Summary:

By Ed Boltz, 22 September, 2025

Bankr. W.D.N.C.: In re Davis- Private School Educational Expenses for Individualized Educational Program are not a Special Circumstance under Chapter 7 Means Test

Summary:

By Ed Boltz, 19 September, 2025

Law Review: Norbert, Scott- The Supreme Court and the Discharge of Debts in Consumer Bankruptcy

Available at:   www.ablj.org/the-supreme-court-and-the-discharge-of-debts-in-consumer-bankruptcy-cases-vol-99-issue-2-pdf/

Abstract:

By Ed Boltz, 19 September, 2025

Law Review: Norbert, Scott- The Supreme Court and the Discharge of Debts in Consumer Bankruptcy

Available at:   www.ablj.org/the-supreme-court-and-the-discharge-of-debts-in-consumer-bankruptcy-cases-vol-99-issue-2-pdf/

Abstract:

By Ed Boltz, 18 September, 2025

W.D.N.C.: Ready v. Navient- Court Confirms Student Loan Creditors Must Prove the Validity of Debt

Summary:

Judge Kenneth D. Bell’s denial of Navient’s motion for summary judgment in Ready v. Navient (W.D.N.C. No. 5:24-cv-00050) is a sharp reminder that even student loan creditors must prove the underlying debt. Navient insisted that Ms. Christy Ready had taken out a 1995 consolidation loan through “Citibank (NYS)” which was later rolled into a 2002 consolidation. Ms.

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Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
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