Tag: frivolous appeal

N.C. Court of Appeals: Macon Bank v. Cornblum- Clerical Error in Consent Order

Summary:

Mr. & Mrs. Cornblum entered into a consent judgment with Plaintiff for a $225,000 from default on a home equity line. The Consent Order, despite being signed by both parties and the lawyer, identified as “Attorney for the Defendants”, used the singular “Defendant” throughout the body of the agreement. The Cornblums later asserted, in contesting a execution, that it was ineffective.

The Court of Appeals rejected this as the error was clearly clerical and awarded the sanctions against the Coleman for a frivolous appeal.

For a copy of the opinion, please see:

Macon Bank v. Cornblum- Clerical Error in Consent Order Read More

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W.D.N.C.: In re Meabon- Frivolous Appeal; Failure to Disclose Assets

Summary:

Prior to filing bankruptcy, the Meabons first consulted with an attorney who informed them that they would need to disclose, as an asset in his bankruptcy schedules, Richard Meabon’s interest in a trust. As a result of the first attorney’s advice, the Meabons chose to file with another attorney, to whom they did not disclose the existence of the trust. After filing Chapter 7 without disclosure of the trust either in their petition or at the §341 Meeting of Creditors, the deadline to object to discharge passed on June 1, 2010. On June 2nd or 3rd, the first attorney notified the second, who, over the objection of the Meabons, alerted the Chapter 7 Trustee, who ultimately obtained the revocation of their discharge.… Read More

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