Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

4th Cir.: Bland v. Carolina Lease Management Group Statute of Limitations for UDTPA

Profile picture for user Ed Boltz
By Ed Boltz, 29 May, 2024

Summary:

Plaintiffs Hank Bland, Kendell Jackson, and Luetta Innis appealed the dismissal of their lawsuit against Carolina Lease Management Group, LLC, CTH Rentals, LLC, and Old Hickory Buildings, LLC. The case involved rent-to-own purchases of storage sheds, and Plaintiffs alleged violations of the North Carolina Retail Installment Sales Act (RISA), the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), and the North Carolina Debt Collection Act (DCA). The district court,  applying a  a three-year statute of limitations from RISA to dismiss all claims, including those under UDTPA and DCA,  dismissed the complaint on statute-of-limitations grounds.

On appeal, the Plaintiffs argued that their claims, aside from RISA, were subject to a four-year statute of limitations under UDTPA and DCA.  Relying on North Carolina cases,  including  Shepard v. Ocwen Fed. Bank, FSB, 638 S.E.2d 197, 200 (N.C. 2006), , Skinner v. Preferred Credit, 616 S.E.2d 676, 680–81 (N.C. Ct. App. 2005), and Jennings v. Lindsey, 318 S.E.2d 318, 322 (N.C. Ct. App. 1984), the Fourth Circuit agreed with Plaintiffs, noting that UDTPA claims are governed by a four-year statute of limitations regardless of their basis in RISA violations, and while  affirming  the dismissal of the RISA claim,   but vacated and remanded the dismissal by the district court of the UDTPA and DCA

Commentary:

This is another in a chain of great decisions that Adrian Lapas (and others) has received   regarding the pernicious rent-a-shed  schemes,  which often seek to claim  to be executory  rather that retail sales contracts,  both to avoid modification in bankruptcy,  but also to skirt recordation and affixation  requirements.

It is also worth noting that even if the statute of limitations has run to affirmatively raise claims against a creditor,  those can often be raised defensively as a counterclaim to attempts to collect by that creditor.  That can include as a basis for objecting to a Proof of Claim 

 

Blog comments

Attachment
Document
bland_v._carolina_lease_management_group.pdf (168.3 KB)
Document
mattox.pdf (231.07 KB)
Document
hargrove.pdf (389.13 KB)
Document
bland.pdf (893.55 KB)
Category
4th Circuit Court of Appeals

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz