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By Ed Boltz, 2 July, 2024

Bankr. M.D.N.C.: Robichaux v. Moses Cone Hospital- Motion In Limine regarding Expert Testimony

Summary:

By Ed Boltz, 1 July, 2024

SCOTUS: Harrington v. Purdue Pharma- No Third Party Releases in Chapter 11 CONSUMER EDITION

Summary:

Rather than summarize a Chapter 11 case in exhaustive detail  that both has little directly to do with consumer bankruptcy cases and has been summarized in exhaustive detail elsewhere,  here are links to a few of those:

By Ed Boltz, 21 June, 2024

Law Review: Joseph Peter Gomez, Note, A Bona Fide Dispute: Can Bankrupt Debtors Sell Assets Free and Clear of Federal Civil Forfeiture Claims?, 29 Fordham J. Corp. & Fin. L. 587 (2024).

Available at:  https://ir.lawnet.fordham.edu/jcfl/vol29/iss2/4/

By Ed Boltz, 18 June, 2024

Bankr. E.D.N.C.- In re Goddard- Denial of Confirmation due to Good Faith without regard for Means Test

Summary:

By Ed Boltz, 18 June, 2024

SCOTUS: UST v. John Q. Hammons- Remedy for Violation of the Bankruptcy Uniformity Clause

Summary:

By Ed Boltz, 13 June, 2024

MDNC BK: In re Beverly- Reopening of a Case to Avoid Judgment Lien

Summary:

Michael Vincent Beverley filed for Chapter 7 bankruptcy on May 24, 2019,   disclosing In his petition his ownership of  real property located at 6680 Ridge Bluff Drive, Rural Hall, North Carolina, valued at $208,000, encumbered by a deed of trust and several judgment liens, including to BMO Harris Bank..  Mr.  Beverley  received a discharge on August 29, 2019, and the case was closed on September 9, 2019, but without filing motions to avoid judicial liens.

By Ed Boltz, 12 June, 2024

4th Cir.: Todman v. Baltimore- Abandonment of Personal Property Following Eviction

Summary:

Marshall and Tiffany Todman, tenants in Baltimore, were evicted and lost their belongings under Baltimore’s Abandonment Ordinance, which deems any property left behind at eviction as abandoned. The Todmans sued the City of Baltimore, alleging violations of their Fourteenth Amendment rights to due process,  asserting that they were deprived of their property without adequate notice and opportunity to be heard.

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. §524(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

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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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