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By Ed Boltz, 15 October, 2025

N.C. Ct. App.: Pelc v. Pham – Contempt Vacated; Execution, Not Incarceration, Required for Enforcement of Money Judgment

Summary:

In Pelc v. Pham (No. COA25-27, filed Oct. 15, 2025), the North Carolina Court of Appeals (Tyson, J.) vacated a Mecklenburg County contempt order imprisoning a former spouse for failure to pay a contractual debt arising from a Form I-864 “Affidavit of Support” and related loan. The appellate court held that the trial court lacked jurisdiction to use contempt powers to enforce a money judgment grounded in breach of contract.

By Ed Boltz, 15 October, 2025

M.D.N.C.: Scott v. Full House Marketing — No “Bad Faith” in FCRA Claim, Even After Jury Loss

Summary:

By Ed Boltz, 14 October, 2025

N.C. Ct. App.: TOM, LLC v. South River Land Co. — “Time Is of the Essence” Clause Ends $2.7M Flip Deal, All Claims Dismissed

Summary:

In this unpublished but instructive decision, Judge Wood (joined by Judges Stroud and Carpenter) affirmed the dismissal of an attempted “flip” real-estate buyer’s sprawling complaint after the collapse of a $2.7 million contract to buy the Seawatch at Sunset Harbor subdivision in Brunswick County.

By Ed Boltz, 14 October, 2025

Bankr. W.D.N.C.: In re Ford (II) — Court Rejects “Tribal Sovereignty” Claims, Denies Recusal, and Increases Sanctions Against Debtor for Pseudo-Legal Defenses

Summary: 

In In re Ryan Lashon Ford, Judge Edwards issued two companion opinions chronicling the court’s escalating efforts to bring order to what she aptly described as an “atypical” pro se Chapter 7 case that had metastasized into a performative exercise in pseudo-law.

By Ed Boltz, 14 October, 2025

Law Review (Economics): Choi, James J. and Huang, Dong and Yang, Zhishu and Zhang, Qi, How Good is Ai at Twisting Arms? Experiments in Debt Collection (April 2025). NBER Working Paper No. w33669

Available at:   https://ssrn.com/abstract=5215980

Abstract:

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.

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