Blog posts | Your North Carolina Bankruptcy Expert

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.

By Ed Boltz, 23 March, 2026

NC D.CT.: Harris v. Eastern Financial Services- $495/Hour as a “Customary and Reasonable” Rate for Consumer Litigation

By Ed Boltz, 20 March, 2026

Bankr. E.D.N.C.: Sink v. Albrecht- Pre-Bankruptcy TBE Conversion Avoided

Summary:

Bankruptcy exemption planning often walks a fine line between legitimate preparation and avoidable transfer. In In re Albrecht, Judge Pamela W. McAfee of the Bankruptcy Court for the Eastern District of North Carolina addressed where that line falls when a debtor converts jointly owned real property into a tenancy by the entirety shortly before filing bankruptcy.

By Ed Boltz, 20 March, 2026

Bankr. E.D.N.C.: Sink v. Albrecht- Pre-Bankruptcy TBE Conversion Avoided

Summary:

By Ed Boltz, 19 March, 2026

4th Cir.: Herlihy v. DBMP- Fourth Circuit Upholds Stay in DBMP “Texas Two-Step” Asbestos Bankruptcy

Summary:

The Fourth Circuit has again weighed in on the now-familiar “Texas Two-Step” asbestos bankruptcy strategy—and once again sided with the debtor.

By Ed Boltz, 19 March, 2026

4th Cir.: Goldman Sachs v. Brown- Bankruptcy Court Keeps Stay-Violation Claims Out of Arbitration — And Keeps the Door Open for a Class Action

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By Ed Boltz, 18 March, 2026

4th Cir.: Oliver v. Navy Federal Credit Union- Early Motions to Strike Class Allegations Must Live or Die on the Complaint Alone

Summary:

In Oliver v. Navy Federal Credit Union, the Fourth Circuit waded into a recurring procedural skirmish in class litigation: when, and how, may a district court knock out class allegations before any discovery? The answer, according to Judge Heytens for the majority, is both simple and consequential—look only at the complaint, and deny certification at the pleading stage only if Rule 23 is unsatisfied as a matter of law.

By Ed Boltz, 16 March, 2026

W.D.N.C.: Boggs v. New South Finance, LLC — “Negotiable Instruments,” Vapor Money, and Why Pseudo-Legal Magic Words Don’t Stop a Repo

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By Ed Boltz, 13 March, 2026

N.C. Ct. of App.: Harris v. McLeod — Equitable Mortgages, Foreclosure Equity, and What Bankruptcy Could Have Done

In Harris v. McLeod (N.C. Ct. App. Feb. 4, 2026) (unpublished), the Court of Appeals reversed summary judgment in a dispute over whether an elderly homeowner’s deed to his nephew was an outright conveyance or merely security for a small tax debt—an equitable mortgage in substance if not in form.

By Ed Boltz, 12 March, 2026

N.C. Ct. of Appeals: Ray v. TitleMax of Virginia- itleMax’s Cross-Border Title Loans Create Personal Jurisdiction in North Carolina

Summary:

In Ray v. TitleMax, the North Carolina Court of Appeals affirmed the denial of a Rule 12(b)(2) motion to dismiss, holding that North Carolina courts may exercise specific personal jurisdiction over out-of-state TitleMax-affiliated lenders who made high-interest title loans to North Carolina residents—even where loan documents were signed across state lines.

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