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By Ed Boltz, 3 April, 2026

Bankr. E.D.N.C.: JSmith v. Clancy & Theys: Turnover Is Not a Shortcut for Contract Litigation

Summary:

In JSmith v.  Clancy & Theys, Judge Joseph Callaway addressed a familiar temptation in bankruptcy litigation: trying to convert an ordinary contract dispute into a turnover action under 11 U.S.C. § 542. The court allowed most of the debtor’s claims to proceed—but drew a clear line around turnover.

By Ed Boltz, 2 April, 2026

N.C. Ct. of App.: Israel v. Zachary- Landlord Interference With Tenant’s Property Leads to Conversion Liability (Damages Remanded)

Summary:

In Israel v. Zachary, the North Carolina Court of Appeals affirmed that a landlord who interferes with a tenant’s efforts to retrieve property after eviction can be liable for conversion and unjust enrichment, though the court vacated the damages award for lack of sufficient valuation evidence.

By Ed Boltz, 1 April, 2026

Law Review: Bruce, Kara- Desperation Finance: Merchant Cash Advances in Bankruptcy and Beyond

Available at SSRN: https://ssrn.com/abstract=6192358

By Ed Boltz, 31 March, 2026

Law Review (Note): Elizabeth Tsai, The Taxing Ambiguity: Defining "Return" in Bankruptcy Dischargeability Cases

Available at: https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=4364&context=clevstlrev

By Ed Boltz, 30 March, 2026

Law Review: Hampson, Christopher D., Bankruptcy Abstention (February 08, 2026)

By Ed Boltz, 27 March, 2026

4th Cir.: Tederick v. LoanCare, LLC- Consumer Protection Claims Under WVCCPA Are Strict Liability — Intent Not Required

Summary:

In Tederick v. LoanCare, LLC, the Fourth Circuit vacated a summary judgment ruling that had dismissed a consumer class action against mortgage servicer LoanCare under the West Virginia Consumer Credit and Protection Act (WVCCPA). The appellate court held that the statute imposes strict liability, meaning that a borrower does not need to prove the servicer intended to violate the law.

By Ed Boltz, 26 March, 2026

Law Review (Economics): Goss, Jacob and Mangum, Daniel- Liberty Street Economics- Sports Betting Is Everywhere, Especially on Credit Reports

Available at: https://libertystreeteconomics.newyorkfed.org/2026/03/sports-betting-is-everywhere-especially-on-credit-reports/

Summary (Liberty Street Economics + NY Fed Staff Report)

The Federal Reserve’s analysis confirms what many consumer bankruptcy attorneys have been seeing anecdotally: legalized sports betting is not just entertainment—it is increasingly showing up as measurable financial distress.

By Ed Boltz, 26 March, 2026

E.D.N.C.: Terrance v. Coastal Federal Credit Union- Affirms $5,000 Sanction for Stay Violation – But Limits Recovery to the Debtor Actually Targeted

Summary:

In Terrance v. Coastal Federal Credit Union, the U.S. District Court for the Eastern District of North Carolina affirmed a bankruptcy court decision imposing $5,000 in sanctions for a willful violation of the automatic stay, while rejecting several broader arguments raised by the pro se debtors on appeal.

The decision provides a useful reminder of two points frequently litigated in stay-violation cases:

  1. Who is entitled to damages under §362(k), and

By Stafford Patterson, 25 March, 2026

M.D.N.C.: Perry v. CitiMortgage, Inc.- Federal Court Presses Pause in Alleged “Phantom Mortgage” Dispute

Summary:

Arthur and Lisa Perry claim that a mystery deed of trust appeared in the public records against their home—one tied to a loan that Arthur Perry insists he never applied for, never authorized, and never received. According to the complaint, Mr. Perry purchased the property in 2005 with a legitimate mortgage, but in 2006 a second deed of trust was recorded in favor of Corinthian Mortgage (d/b/a SouthBanc Mortgage).

By Ed Boltz, 24 March, 2026

M.D.N.C.: Tuttle v. NewRez- Repackaging a TILA Violation Won’t Save State-Law Debt Collection Claims

Summary:

Judge Thomas Schroeder of the Middle District of North Carolina dismissed a borrower class action against Shellpoint Mortgage Servicing and the trust that owned the loan, holding that the plaintiffs’ North Carolina debt-collection and consumer-protection claims were simply an impermissible attempt to enforce the Truth in Lending Act (TILA) against parties that the statute largely shields from liability.

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