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By Ed Boltz, 29 May, 2024

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024).

Available at: The Poor Man's Problem in Bankruptcy

Introduction:

This Comment describes how bankruptcy courts operate and explores the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on indigent parties and  also discusses the unique concerns surrounding pro se bankruptcy cases compared to other proceedings and points out the inequities that currently exist between trustees and debtors. 

By Ed Boltz, 29 May, 2024

4th Cir.: Bland v. Carolina Lease Management Group Statute of Limitations for UDTPA

Summary:

By Ed Boltz, 29 May, 2024

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

Summary:

By Ed Boltz, 29 May, 2024

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

Summary:

By Ed Boltz, 24 May, 2024

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction

Summary:

Once through the  captions and parties (which constitute the first  37 out of 39 pages of this decision),  this appeal concerns the confirmation of arbitration awards by the district court under Section 9 of the Federal Arbitration Act (FAA)  against TitleMax of Virginia, Inc., which argued that the applications did not identify an independent jurisdictional basis.

By Ed Boltz, 23 May, 2024

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023)

Abstract:

By Ed Boltz, 22 May, 2024

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order

Summary:

Bestwall, LLC filed for Chapter 11 bankruptcy in November 2017 to address asbestos-related claims and  sought discovery to estimate its asbestos liabilities, leading to a personal injury questionnaire (PIQ) order for all mesothelioma claimants. The PIQ order was contested but upheld, with the court retaining jurisdiction to enforce it. 

By Ed Boltz, 24 April, 2024

Law Review: Kilborn, Jason J., The 'Market Model' of Debt Counseling and Bankruptcy in the United States (March 1, 2024)

Available at SSRN: https://ssrn.com/abstract=4752879

Abstract:

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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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