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By Stafford Patterson, 6 August, 2026

Bankr. M.D.N.C.: In re Keller- North Carolina Department of Environmental Quality Enforcement Action Falls Within § 362(b)(4) Police Power Exception

Summary:

The debtor filed a Chapter 13 case after the North Carolina Department of Environmental Quality (DEQ) amended an existing state court environmental enforcement action to add him personally as a defendant. The State alleged that wastewater from a soil remediation facility operated by Carolina Composting Solutions, LLC had repeatedly polluted nearby waters and sought only injunctive relief requiring the defendants to stop the discharges, remediate the environmental damage, and comply with applicable environmental laws and permits.

By Ed Boltz, 5 August, 2026

4th Cir.: Bayramov v. American Credit Acceptance- 4th Circuit Reinforces the “Claims Ownership Principle” — And Perhaps Raises Interesting Questions About Bankruptcy Estate Claims

Summary:

The Fourth Circuit's published decision in Bayramov v. American Credit Acceptance is much more than another case about shareholder standing. It is one of the clearest explanations I have ever read of what Judge Julius N. Richardson calls the "claims ownership principle"—the doctrine that determines who actually owns a cause of action when a business has been injured. This opinion deserves a place in law school casebooks.

By Ed Boltz, 4 August, 2026

Student Loans: Cuvelier v. MOHELA (S.D.T.X.)- Texas Bankruptcy Court Sends Private Student Loan Qualification Dispute to Trial

Summary

The bankruptcy court denied summary judgment to both the debtor and MOHELA/Navient in a closely watched dispute over whether a private student loan qualifies as a "qualified education loan" under § 523(a)(8)(B). The court held that genuine issues of material fact remain regarding whether the loan exceeded the debtor's actual cost of attendance, an issue that could determine whether the debt was ever excepted from discharge in the first place.

By Ed Boltz, 3 August, 2026

Law Review: Belisa Pang, The Bankruptcy Revolving Door, 120 Nw. U. L. Rev. 1117 (2026).

Available at: https://scholarlycommons.law.northwestern.edu/nulr/vol120/iss5/1

By Ed Boltz, 3 August, 2026

Law Review (Economics Policy): Hanks, Angela, Canchola Bañez, Aissa & Nilaj, Eduard - Power Failure: Rising Energy Debt Is Climbing into the Middle Class

Available at: Power Failure: Rising Energy Debt Is Climbing into the Middle Class[/] (The Century Foundation, July 21, 2026)

By Ed Boltz, 31 July, 2026

4th Cir.: Bristol Springs Custom Homes. v. Argo Group- Bankruptcy Filing Complicated Settlement—but Didn't Create Bad Faith

This is the third and final pirate-themed case I've written about this week. I'll admit this one has the weakest connection. Unlike the Black Pearl and Blackbeard cases, there are no pirates in the opinion itself. Instead, the link is geographic: Bristol, England was the departure point for the voyage in Robert Louis Stevenson's Treasure Island. Sometimes that's enough of an excuse to end a pirate trilogy.

By Ed Boltz, 30 July, 2026

Bankr. E.D.N.C.: In re Blackbeard's Triple Play- Court Trebles Damages for Post-Petition Hold on Credit Card Receivables

This is the second of three pirate-themed cases I'll be blogging about this week. After beginning with Black Pearl Vision v. G & G Funding, we now turn to Blackbeard's Triple Play. It seems that even the pirates are making appearances in the bankruptcy courts this summer.

By Ed Boltz, 29 July, 2026

Bankr. W.D.N.C: Black Pearl Vision v. G&G Funding: Merchant Cash Advance Lender Cannot Use State Court Judgment to Escape Bankruptcy Fraudulent Transfer Claims

Before getting to today's opinion, a brief programming note. Because the debtor in this case is Black Pearl Vision, I couldn't resist the obvious association with the legendary Black Pearl from the Pirates of the Caribbean films. So, with apologies to Captain Jack Sparrow, this is the first of three pirate-themed bankruptcy posts I'll be publishing this week. 

By Ed Boltz, 28 July, 2026

W.D.N.C.: Murray v. Trans Union- Court Dismisses (without prejudice) Trans Union Case for Failure to Allege a Material Inaccuracy

Summary:

A recent decision from the Western District of North Carolina serves as another reminder that the Fair Credit Reporting Act (FCRA) is ultimately about the accuracy of the information being reported—not whether the consumer believes the reporting is unfair, incomplete, or unsupported.

By Ed Boltz, 27 July, 2026

4th Cir.: Golden Corral v. Illinois Union Insurance- Fourth Circuit Reinforces the Finality of Judgments Despite Later Changes in State Law

Summary:

In Golden Corral Corp. v. Illinois Union Insurance Co., the Fourth Circuit held that a subsequent change in state law—even one directly undermining a federal court's earlier prediction of that law—does not ordinarily constitute the "extraordinary circumstances" required to reopen a final judgment under Federal Rule of Civil Procedure 60(b)(6).

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