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

N.C. Ct. of App.: Paradigm Park Holdings v. Global Growth Holdings

Profile picture for user Ed Boltz
By Ed Boltz, 23 April, 2025

Summary:

The North Carolina Court of Appeals reversed summary judgment granted to the landlord, Paradigm Park, in a commercial lease dispute, finding that material questions of fact existed as to whether it had waived its right to collect rent by accepting mortgage and maintenance payments in lieu of rent for nearly four years. The Court also revived the tenant’s unjust enrichment counterclaim, reasoning that services provided outside the scope of the lease agreement might give rise to equitable compensation.

Commentary:

This case reinforces the viability of waiver by conduct as a defense in contract disputes, not just commercial leases. For debtors in consumer bankruptcy this ruling underscores that a creditor’s  acceptance of alternative performance (e.g., partial or substituted payments) can defeat later efforts to retroactively enforce the original payment terms.  This may also preclude lienholders from asserting that a default resulted merely due to the filing of a bankruptcy  would,  absent a reaffirmation and after accepting payments,  and allowed repossession.

With proper attribution,  please share this post. 

To read a copy of the transcript, please see:

Blog comments

Attachment
Document
paradigm_park_v._global_growth.pdf (145.38 KB)
Category
NC 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