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By Ed Boltz, 15 March, 2024

Bankr. W.D.N.C.: In re Best Wall- Bankruptcy Subject Matter Jurisdiction does not require Financial Distress

Summary:

The bankruptcy court found that the lack of financial distress does not deprive  it of subject matter jurisdiction.

By Ed Boltz, 15 March, 2024

N.C. Ct. of App.: Causey v. Southland- Shareholders Cannot Intervene to Insurance Company Liquidation

Summary:

By Ed Boltz, 15 March, 2024

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming)

Abstract:

By Ed Boltz, 14 March, 2024

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Abstract:

By Ed Boltz, 13 March, 2024

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

Summary:

The Longphres  loaned KT Financial $330,000 by two separate promissory notes with 30% interest  and specified “[a]ll accrued interest and unpaid principal” was due one year after the notes were executed.  The notes also allowed the Longphres to collect attorney's fees pursuant to N.C.G.S. § 6-21.2 if KT Financial defaulted.  

Surprise twist-  KT Financial defaulted.

By Ed Boltz, 13 March, 2024

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure

Summary:

By Ed Boltz, 11 March, 2024

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction

There's an argument that Chapter 13 Trustees should, at least in  some plans,  be sending debtors  1098s.  

From the IRS instructions:

________

By Ed Boltz, 10 March, 2024

N.C. Ct. of App.: Jhang v. Temple- Sufficiency of Service

Summary:

By Ed Boltz, 9 March, 2024

4th Cir.: Protopas v. Travelers- Subject Matter Jurisdiction for State Receivership

Summary:

By Ed Boltz, 9 March, 2024

4th Cir.: Mohamed v. Bank of America- Electronic Funds Transfers Act

Summary:

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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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