Summary:
Walter sought discovery relating to communications between Waffle House and Jonathan Waller, who had served as general counsel to Waffle House since 2001. Waffle House, asserting attorney-client privilege, directed Waller not to respond. The difficulty, however, was that Waller provided legal services for Waffle House in Georgia, but only held an inactive law license in Illinois and no where else.
By Ed Boltz, 28 April, 2014
Summary:
Trustee Gold requested a trustee commission, pursuant to 11 U.S.C. Ā§ 330(a)(7), based on the percentages set forth in Ā§ 326(a), of $17,254.61.
By Ed Boltz, 24 April, 2014
Summary:
Dillon, a North Carolina resident, obtained five loans over the internet from lenders based offshore or on Indian reservations (āinternet lendersā) with interest rates ranging from 139% to over 700% and, in some cases, thousands of dollars in finance charges. Mr. Dillon asserted that these loans violated North Carolinaās usury statute and various other state laws.
By Ed Boltz, 13 April, 2014
Abstract:
Although the collection of college student loans centers this article, some background precedes its main topic. It begins by defining and distinguishing federal and private student loans. Next is repayment of loans, postponing repayment through deferment, forbearance, extensions, and public-interest assistance and cancellation. Perkins loan deferment, forbearance, and cancellation follow.
By Ed Boltz, 13 April, 2014
Abstract:Ā
The division of responsibility between state and federal authorities in bankruptcy is complex. The U.S. Constitution cedes the power to pass bankruptcy laws to the federal government. For political reasons, however, since 1867 the federal bankruptcy law has deferred to one degree or another to the states with respect to the designation of property exempt from administration in a bankruptcy case.
By Ed Boltz, 13 April, 2014
Abstract:
When Congress amended the Bankruptcy Code in 2005 through the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), it mandated that individual consumer debtors undergo two debtor education courses, one as a condition precedent to filing for bankruptcy relief, and a second for later receiving a discharge of indebtedness.
By Ed Boltz, 12 April, 2014
Abstract:
Most individual debtors file for bankruptcy relief with honest intentions. Nonetheless, there is also an underside to the American bankruptcy law system that often goes unreported and ignored in the scholarly literature, namely, the commission of fraud by debtors who seek protection under the Bankruptcy Code. One of the ways in which fraud upon the bankruptcy system occurs is when debtors intentionally conceal assets from the bankruptcy process.
By Ed Boltz, 9 April, 2014
Summary:
Mr. Jarrett held a one-half remainder interest in real property, with the other one-half remainder interest held by his sister and the life estate in favor of his mother. The tax value of the property is $118,500, with a $42,362 mortgage. Mr. Jarrett valued his fractional interest at $7,110 and exempted $4,568.28. The Court held that Chapter 7 Trustee could not sell an entire interest in the property free and clear of the interest of the life tenant. See In re Sargent, 337 B.R. 661 (Bankr. N.D.
By Ed Boltz, 9 April, 2014
Summary:
The Joneses brought a breach of contract claim against Fulton Bank, alleging that Fulton Bank failed to send them a proper thirty-day pre-acceleration notice. See Bayview Loan Servicing, LLC v. Simmons, 654 S.E.2d 898, 901 (Va. 2008). The Joneses also challenged the appointment by Fulton Bank of a Substitute Trustee with instructions to commence foreclosure as not complying with the Deed of Trust.
By Ed Boltz, 9 April, 2014
Summary:
In 2007, Baneās company, Aequitas-Energy, Inc., purchased fifty acres of land (the Angel Lane Property) in Roanoke County, Virginia, from Baneās mother, Martha Bane, who was granted at $400,000 mortgage against the property. This mortgage was never recorded and the later mortgage to Community Trust Bank was accordingly superior. Bane, having fallen into default on the Coummunity Trust mortgage and facing foreclosure, had the property transferred into his name and filed bankruptcy in 2010, the day before the foreclosure sale.