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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).

By Ed Boltz, 8 July, 2025

Law Review: Tavera, Daniel, The Benefits of Hindsight: Determining Whether a Receipt of Benefits Is a Necessary Element of the Fraud Exception to Discharge

Available at:   https://ssrn.com/abstract=5295095

By Ed Boltz, 7 July, 2025

Law Review: Nehf, James P., Vehicle Repossessions and Article 9: Recent Developments (March 31, 2025)

Available at:    https://ssrn.com/abstract=5200391

By Ed Boltz, 3 July, 2025

Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022)

Available at:   https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5265203

Abstract:

By Ed Boltz, 2 July, 2025

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory

Summary:

By Ed Boltz, 2 July, 2025

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents

Summary:

By Ed Boltz, 19 June, 2025

Bankr. W.D.N.C.: In re Rice- Single Estate Rule Precludes Effort to Avoid 109(g) restriction

Summary:

By Ed Boltz, 18 June, 2025

4th Cir.: Emiabata v. Burnett- Improper Dismissal of Bankruptcy Appeal

Summary:

By Stafford Patterson, 17 June, 2025

4th Cir.: Kovachevich v. NMIC- Voluntary Cancellation of Private Mortgage Insurance

Available at: 

Summary:

By Ed Boltz, 13 June, 2025

N.C. Ct. of App.: Palmetto RTC v. Fielden- Slander of Title and Lis Pendens

Summary:

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