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By Ed Boltz, 13 April, 2021

N.C. Ct. of App.: Pangea Capital v. Lakian- Property Must be Residence for Homestead Exemption

Summary:

By Ed Boltz, 13 April, 2021

W.D.N.C: Carter v. Capital One- Complying with IRS Levy is not Debt Collection

Summary:

Ms. Carter brought suit against her bank, Capital One, for complying with an IRS levy by taking $1,279.41 from her account, arguing that Capital One had violated the FDCPA. Finding that "an obligation to pay that 'arises solely by operation of law' is not a debt covered by the FDCPA" the district court dismissed the case.

Commentary:

By Ed Boltz, 12 April, 2021

Law Review: Jackson, Howell Edmunds and Mark, Colin, May the Executive Branch Forgive Student Loan Debt Without Further Congressional Action? (April 5, 2021).

Abstract:

By Ed Boltz, 8 April, 2021

Law Review: Daniel, Josiah M. III- “Listserv Lawyering”: Definition and Exploration of Its Utility in Representation of Consumer Debtors in Bankruptcy and in Law Practice Generally, 11 St. Mary's Journal on Legal Malpractice & Ethics 54 (2021).

Abstract:

By Ed Boltz, 5 April, 2021

Law Review Note: Sheinfeld, David, Bankruptcy & the Underwater Home: A Case for Real Property Redemption, 10 Mich. Bus. & Entrepreneurial L. Rev. 85 (2020).

Abstract:

By Ed Boltz, 2 April, 2021

4th Cir.: Old Republic v. Shulman Rogers- Mutual Mistake in Deed of Trust

Summary:

Heinz and Susan Georg refinanced their home, which was owned by them as tenants by the entireties, with First Horizon. Only Mr. Georg was, however, listed as a borrower on the mortgage note and, more consequentially, as a grantor on the Deed of Trust. Old Republic, believing that both Georgs signed the Deed of Trust, issued title insurance to First Horizon.

By Ed Boltz, 2 April, 2021

W.D.N.C.: Powell v. Best Buy- Insufficient Service

Summary:

By Ed Boltz, 2 April, 2021

Bankr. M.D.N.C: In re Wellington- Pre-Employment Compensation

Summary:

The Debtor filed an application to employ special counsel on March 4, 2020, which served as the effective date of employment, but special counsel had already performed the bulk of its compensable services prior to that date.

By Ed Boltz, 2 April, 2021

Bankr. M.D.N.C.: In re Jacob- Reaffirmation and Assumption of Lease

Summary:

By Ed Boltz, 31 March, 2021

Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah, Portraits of Consumer Bankruptcy Filers in the United States (March 18, 2021). Georgia Law Review, Vol. 56, Forthcoming.

Abstract:

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