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By Ed Boltz, 6 May, 2025

Law Review: Abigail B. Willie, Do Bankruptcy Judges Belong in Chambers? Rethinking Inherent Civil Contempt Power in Bankruptcy, 90 Brook. L. Rev. 737 (2025).

Available at:    https://brooklynworks.brooklaw.edu/blr/vol90/iss3/2

Abstract:

By Ed Boltz, 6 May, 2025

S.Ct.: US. V. Miller

Summary:

By Ed Boltz, 5 May, 2025

Bankr. W.D.N.C.: Martinez Quality Painting v. Newco-Merchant Cash Advances as Avoidable Transfers

Summary:

By Ed Boltz, 2 May, 2025

E.D.N.C.: Alston v. NCR- Consumer Rights Claims are Not Assignable but are Personal Injury Torts

Summary:

James Alston, claiming to  have been assigned FDCPA claims from a third party (Louis Greene), brought various claims against  National Credit Systems, Inc.  under the Fair Debt Collection Practices Act (FDCPA).   

By Ed Boltz, 2 May, 2025

Proposed 2025 Formal Ethics Opinion 1- Obligations Related to Notice When the Lawyer Leaves a Firm

Available at:   https://www.ncbar.gov/for-lawyers/ethics/proposed-opinions/

Summary:

Should this FEO be adopted,  these are the steps that must be taken so that affected clients are adequately notified when a lawyer departs a law firm.

By Ed Boltz, 1 May, 2025

4th Cir.: Carpenter v. Douglas Management- HOA Fees are Not Transfer Fees under NCGS 39A

Summary:

By Ed Boltz, 1 May, 2025

4th Cir.: Truck Insurance v. Kaiser Gypsum (on remand from the U.S. Supreme Court)- Good Faith In Plan Confirmation

Summary:

This long-running asbestos bankruptcy saga involving Kaiser Gypsum and its affiliate Hanson Permanente Cement returned to the Fourth Circuit following a Supreme Court remand, which held that Truck Insurance Exchange ("Truck") qualified as a “party in interest” under § 1109(b) of the Bankruptcy Code. This opened the door for Truck to assert objections to the proposed § 524(g) reorganization plan, which had previously been rebuffed for lack of standing.

By Ed Boltz, 30 April, 2025

4th Cir.: Paredes v. Zen Nails-Presumptive Fees Schedules are not Dispositive 

Summary:

By Ed Boltz, 30 April, 2025

4th Cir.: Roberts v. Carter-Young- Fair Credit Reporting Act – Reasonable Investigation – Legal vs. Factual Disputes

Summary:

By Ed Boltz, 30 April, 2025

4th Cir.: In Re Star Development- Account is Property of the Estate Despite Assertion of Earmarking and Trust.

Summary:

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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.

 
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