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By Ed Boltz, 6 June, 2024

SCOTUS: Truck Insurance Service v. Kaiser Gypsum- Definition of Party in Interest in Bankruptcy

Summary:
Truck Insurance Exchange, the primary insurer for companies facing asbestos-related lawsuits, objected to the reorganization plan proposed by Kaiser Gypsum Co. and Hanson Permanente Cement, which had filed for Chapter 11 bankruptcy. The plan created an Asbestos Personal Injury Trust under 11 U.S.C. ยง524(g) to handle all asbestos-related claims. Truck, responsible for defending and indemnifying up to $500,000 per claim, argued that the plan exposed it to fraudulent claims due to inadequate disclosure requirements for insured claims.

By Ed Boltz, 4 June, 2024

N.C. Ct. of App.: In re White Oak Missionary Baptist Church- No Appointment of Receiver

Summary:

By Ed Boltz, 3 June, 2024

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal

Available at Amazon:  Unjust Debts: How Our Bankruptcy System Makes America More Unequal

By Ed Boltz, 29 May, 2024

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024).

Available at: The Poor Man's Problem in Bankruptcy

Introduction:

This Comment describes how bankruptcy courts operate and explores the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on indigent parties and  also discusses the unique concerns surrounding pro se bankruptcy cases compared to other proceedings and points out the inequities that currently exist between trustees and debtors. 

By Ed Boltz, 29 May, 2024

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

Summary:

By Ed Boltz, 29 May, 2024

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

Summary:

By Ed Boltz, 29 May, 2024

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

Summary:

By Ed Boltz, 24 May, 2024

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction

Summary:

Once through the  captions and parties (which constitute the first  37 out of 39 pages of this decision),  this appeal concerns the confirmation of arbitration awards by the district court under Section 9 of the Federal Arbitration Act (FAA)  against TitleMax of Virginia, Inc., which argued that the applications did not identify an independent jurisdictional basis.

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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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