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By Ed Boltz, 24 January, 2022

Law Review: Simmons, Joseph, Reconstructing the Bankruptcy Power: An Originalist Approach (October 31, 2021). 131 Yale L.J. 306 (2021)

Abstract:

By Ed Boltz, 24 January, 2022

4th Circuit: Alexander v. Carrington Mortgage- "Collector" under Maryland Consumer Protection Laws Contrasted with "Debt Collector" under the FDCPA

Summary:

In a suit brought against Carrington Mortgage Services, LLC, the borrowers alleged that Carrington violated the Maryland Consumer Debt Collection Act (MCDCA), which largely incorporates the Fair Debt Collection Practices Act (FDCPA), and the Maryland Consumer Protection Act (MCPA) by charging $5 convenience fees to borrowers who paid monthly mortgage bills online or by phone.

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.- Angell v. Tarlton Polk (In re Ewert)- Avoidable Transfers

Summary:

The Trustee sought to avoid two transfers, in the total amount of $30,000, made by the Debtor from his wholly owned corporation to Michael Campbell.

The only issue in the avoidance action was whether the Debtor received less than equivalent value for the transfers. The Trustee asserted these were gifts and the Debtor that they were loans. The Trustee brought a Motion for Summary Judgment.

By Ed Boltz, 23 January, 2022

Bankr. E.D.N.C.: In re Cook- Mortgage Deduction on the Means Test not Capped at IRS Local Standard

Summary:

The Cooks filed a Chapter 13 bankruptcy and, being above median income, were required to calculate their "projected disposable income" using Official Form 122C-2. As their plan provided for the retention of their home and cure and maintenance of the on-going mortgage, they deducted their monthly mortgage payment of $2,233.34 from the Means Test, despite the IRS Local Standard for mortgage expenses being only $1,098.00.

By Ed Boltz, 23 January, 2022

N.C. Court of App.: Reverse Mortgage Solutions v. Dufault- Inadequate Description of Real Property in Deed of Trust

Summary:

Paul and Anita Richardson purchased a 1.26 acre tract of land ("main property") from Old Fort Golf Course in 1962 and then in 1978 purchase two adjacent parcels consisting of 0.181 acres and 0.009 acres ("adjacent properties"). All three parcels had the same mailing address and tax parcel identification number.

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.: Swink v. Fannie Mae- Actual Damages Sufficient for §524(i), RESPA and FDCPA Claims

Summary:

By Ed Boltz, 23 January, 2022

W.D.N.C.: In re Bestwall, L.L.C- Injunctive Relief

Summary:

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.: In re Gifford- Severed Tenancy by the Entireties did not become asset of the Estate

Summary:

Christopher Gifford and Shana Gifford owned real property as tenants by the entireties. On April 1, 2019, they separated and Christopher filed a complaint for Equitable Distribution. While that was still pending, on August 7, 2020, Christopher filed a Chapter 7, claiming the real property as exempt as tenancy by the entireties.

By Ed Boltz, 13 December, 2021

Bankr. W.D.N.C.: In re VR King Construction- Reasonable Attorney Fees under N.C.G.S. § 6-21.6 and 11 U.S.C. § 506(b)

Summary:

The bankruptcy court allowed Y2 Yoga to file a claim for post-petition attorneys fees pursuant to N.C.G.S. § 6-21.6(f). When that amount exceed the judgment amount upon which the claim was based, VR King objected that such was prohibted as the award of reasonable attorney’s fees may not exceed the amount in controversy.

By Ed Boltz, 13 December, 2021

E.D.N.C.: Rouse v. Nutrien AG Solutions, Inc.- Liquidation Test for Hardship Discharge Based on Values at Confirmation

Summary:

Mr. Rouse filed a Chapter 12 bankruptcy in November 2017, with a plan negotiated with his creditors, including Nutrien, being confirmed on May 23, 2017, with general unsecured creditors to receive $50,687.

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