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By Ed Boltz, 25 July, 2025

Bankr. W.D.N.C.: In re Drysdale- Denial of Motion to Entire Seal Pro Se Bankruptcy

Summary:

By Ed Boltz, 24 July, 2025

Law Review: Kunkel, Declan, A Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence (April 18, 2025)

Available at: https://ssrn.com/abstract=5265839 

By Ed Boltz, 23 July, 2025

Economics Review: Jain, Jash, Are hospital bills hazardous to your financial health? (May 31, 2024)

Available at:   https://ssrn.com/abstract=5315512 

Abstract:

By Ed Boltz, 22 July, 2025

Bankr. M.D.N.C.: Oral Ruling Summary – Napper v. Select Portfolio Servicing, Inc. - Denial of 12(b)(6) Motion to Dismiss related to Improper Dual Mortgage Records

Summary:

By Ed Boltz, 21 July, 2025

Working Paper: Papich, Sarah- Do Employer Credit Check Bans Increase Default? (May 05, 2025)

Available at:   https://ssrn.com/abstract=5242161

By Ed Boltz, 18 July, 2025

4th Cir.: Tiber Creek Partners v. Ellume USA- Bankruptcy in the Land Down Under

Summary:

Tiber Creek Partners, a Virginia-based consulting firm, helped Ellume Ltd.—an Australian biotech company—and its U.S. subsidiary secure over $260 million in COVID testing contracts from Uncle Sam. When Ellume didn’t pay up, Tiber Creek sued in its home forum, the Eastern District of Virginia. But the district court dismissed the case on forum non conveniens grounds, and the Fourth Circuit just affirmed, sending the whole affair packing to Australia faster than you can sing “Waltzing Matilda.”

Tiber Creek filed two suits:

By Ed Boltz, 17 July, 2025

4th Cir. : Jackson v. Bankruptcy Administrator- Dismissal of Pro See Appeal

Summary:

By Stafford Patterson, 15 July, 2025

Bankr. W.D.Va.: In re Sorrells- Modification of Chapter 13 plan following Inhertitance

Summary:

By Ed Boltz, 11 July, 2025

Bankr. E.D.N.C: In re Ross-DeSantos- Homestead Exemption Allowed for Real Property Located outside of North Carolina

Summary:

Judge Pamela McAfee overruled a Chapter 7 trustee’s objection to a North Carolina debtor’s homestead exemption claimed in real estate located not in Wake County, but in Corentyne Berbice, Guyana. The case highlights two recurring issues in exemption law: 

(1) whether a spouse living abroad may qualify as a “dependent” for purposes of N.C.G.S. § 1C-1601(a)(1), and 

By Ed Boltz, 9 July, 2025

Bankr. E.D.N.C.- In re JSmith- Arbitration in Bankruptcy

Summary:

In this post-confirmation Chapter 11 dispute, the Bankruptcy Court for the Eastern District of North Carolina granted a motion by Fourth Elm Construction, LLC to compel arbitration and stay the adversary proceeding brought by the debtor, JSmith Civil, LLC. The adversary complaint asserted state-law claims for breach of contract and quantum meruit arising from a terminated subcontracting agreement. Fourth Elm relied on the contract’s Article 24 arbitration clause, invoking Section 3 of the Federal Arbitration Act (FAA).

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