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By Ed Boltz, 12 December, 2021

E.D.N.C.: Taylor v. Logan- Proceeds from Sale of Homestead

Summary:

Ruby Taylor filed a Chapter 13 bankruptcy on May 24, 2019, with a plan confirmed that paid both the mortgage for her home and the payment on her car directly and estimated no dividend to general unsecured creditors, of which the U.S. Department of Education had a claim for $355774.02 or 92% of such claims.

By Ed Boltz, 11 December, 2021

E.D.N.C.: Lesane v. Breeden- Rooker-Feldman bars Consumer Rights and Sovereign Citizen Claims regarding Child Custody

Summary:

By Ed Boltz, 11 December, 2021

4th Cir.: Tripplett v. Saul- Denial of Social Security Claim

Summary:

The Fourth Circuit found that, in denying her Social Security Disability claim, the Administrative Law Judge had erred by misreading the severity findings in two of the three medical opinions and also erred by failing to consider each of the factors listed in 20 C.F.R. § 404.1527(c) before affording only negligible weight to Triplett’s treating physician’s medical opinion.

Commentary:

By Ed Boltz, 11 December, 2021

W.D.N.C.: Bradley v. Progress Residential Prop. Manager, LLC- Failure to Brief 12(b)(6) Motion

Summary:

By Ed Boltz, 11 December, 2021

M.D.N.C.: Thomas v. Equifax Information Services, L.L.C.- Causal Nexus for FCRA Action

Summary:

By Ed Boltz, 11 December, 2021

Bankr. M.D.N.C.: In re Skwara- Disallowance of Private Student Loans due to Statute of Limitations

Summary:

By Ed Boltz, 4 December, 2021

N.C. Ct. of Appeals: BB&T v. GPAR FF, LLC- Reformation of Deed of Trust due to Mutual Mistake

Summary:

By Ed Boltz, 4 December, 2021

Law Review: Mayer, Jared, Bankruptcy's Equity Canon (August 5, 2021). American Bankruptcy Institute Law Review, Forthcoming

Abstract:

By Ed Boltz, 3 December, 2021

4th Circuit: Dress v. Capitol One- Interest Accrues on Credit Card unless Balance Paid in Full Monthly

Summary:

By Ed Boltz, 3 December, 2021

Bankr. W.D.N.C.: In re Corbell-Dockins- 401k Is Not an Asset of the Bankruptcy Estate

Summary:

Two months prior to the filing of bankruptcy by Ms. Corbell-Dockins and her husband, Kirk Morishita died leaving Corbell-Dockins the beneficiary of his 401k, which was rolled over into a 401k account in her name.

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