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By Ed Boltz, 23 May, 2021

W.D.N.C.: In re Bestwall, L.L.C- Discovery Order is not Final Appealable Order

Summary:

Bestwall sought to have a Personal Injury Questionnaire ("PIQ") sent to all asbestos claimants pursuant to Rule 2004 to which the Claimants Committee objected. The bankruptcy court found that the PIQ created no undue hardship and was consistent with other similar orders and overruled the objection. The Claimants Committee appealed.

By Ed Boltz, 21 May, 2021

Law Review: Running up the Tab: Personal Bankruptcy, Moral Hazard, and Shadow Debt- Argyle, Bronson, Iverson, Benjamin, Nadauld, Taylor and Palmer, Christopher

Abstract:

By Ed Boltz, 21 May, 2021

Law Review: Cespedes, Jacelly and Parra, Carlos and Sialm, Clemens, The Effect of Principal Reduction on Household Distress: Evidence from Mortgage Cramdown

Abstract:

Mortgage cramdown has been proposed as a mechanism to avoid mortgage foreclosures in times of crisis. In this restructuring, the underwater portion of the mortgage is treated as unsecured debt and can be discharged during Chapter 13 bankruptcy. To quantify the ex-post effects of bankruptcy discharge in cramdown courts, we use a new dataset of district courts that allowed mortgage cramdown over the period from 1989 to 1993.

By Ed Boltz, 21 May, 2021

4th Cir.: Wood v. HUD- Tax Refund Offset did not Violation the Automatic Stay

Summary:

By Ed Boltz, 21 May, 2021

4th Cir.: Siegel v. Fitzgerald: 2018 U.S. Trustee Fees Upheld and Bankruptcy Administrator System is Constitutional

Summary:

In split decision, the Fourth Circuit (following the similarly split decision from the 5th Circuit) held that the 2018 increase in fees paid by chapter 11 debtors to the U.S. Trustee Program applies to pending cases and violates neither due process nor the "uniform bankruptcy" clause of the U.S. Constitution.

By Ed Boltz, 21 May, 2021

M.D.N.C.: DFWMM Holdings LLC v. Richmond- Reliance on Attorney as Affirmative Defense to Fraudulent Intent

Summary:

By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 10 May, 2021

Law Review: Simon, Lindsey, Bankruptcy Grifters (April 1, 2021). Yale Law Journal

Abstract:

By Ed Boltz, 15 April, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Misapplication of Payments by Mortgage Servicer

Summary:

By Ed Boltz, 15 April, 2021

Law Review: Jonah R. Hall, A Creditor’s Kerfuffle: How the SBRA Harms Creditors in Small Business Cases, 25 N.C. BANKING INST. 595 (2020)

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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