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By Ed Boltz, 13 December, 2021

E.D.N.C.: Rouse v. Nutrien AG Solutions, Inc.- Liquidation Test for Hardship Discharge Based on Values at Confirmation

Summary:

Mr. Rouse filed a Chapter 12 bankruptcy in November 2017, with a plan negotiated with his creditors, including Nutrien, being confirmed on May 23, 2017, with general unsecured creditors to receive $50,687.

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Pedlow v. Kornegay- Statute of Limitations for Notes Signed Under Seal Supersedes UCC

Summary:

By Ed Boltz, 13 December, 2021

Bankr. M.D.N.C.: In re Butler- Lost Wages from Sexual Harassment Claim Not Exempt

Summary:

Prior to filing bankruptcy, Ms. Butler filed a charge with the EEOC alleging that she was subjected to sexual harassment and then wrongfully terminated by Home Depot. A settlement was reached with required Home Depot to pay the total sum of $15,000 to Ms. Butler, with $7,500 of such funds directed “as payment for claims for lost wages” and the remaining $7,500 devoted “as payment for ... non-wage claims (including claims of emotional distress).”

By Ed Boltz, 13 December, 2021

4th Cir.: Catjen v. Hunter Mill West, L.C.- Issue Preclusion from Bankruptcy Claim Orders

Summary:

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Hedgpeth v. SMCC Clubhouse, LLC- State Court Lacks Subject Matter Jurisdiction over matters pending in an Open Bankruptcy Case

Summary:

By Ed Boltz, 12 December, 2021

E.D.N.C.: NewRez, L.L.C. v. Beckhart- Unclear Plan Provisions regarding Mortgage Provided Fair Ground of Doubt to Avoid Sanctions

Summary:

By Ed Boltz, 12 December, 2021

North Carolina Exemptions Legislative History

Summary:

There is often an assertion that there is no legislative history for North Carolina exemptions. And while there certainly could have been substantially more, both in terms of quantity and quality, after both Kelly Newcomb and I separately spent many hours at the North Carolina Legislative Library scrolling through reels of microfiche, we wanted to make those results available to the North Carolina bench and bar.

By Ed Boltz, 12 December, 2021

American Predatory Lending: Oral Histories of the 2008 Housing Crisis

About:

American Predatory Lending and the Global Financial Crisis is a multi-method interdisciplinary team working under the Bass Connections project within Duke University. Over the past two years, this student-faculty undertaking has explored the state-level dynamics leading up to the 2008 Crisis.

Summary:

By Ed Boltz, 12 December, 2021

Bankr. M.D.N.C.: City of Winston-Salem v. Northwest Child Development Centers, Inc.- Declaratory Judgment regarding Reversion of Property

Summary:

Northwest Child Development Centers operates a daycare center in Mocksville, North Carolina, and previously operated a separate facility at 2530 Pittsburg Avenue, Winston-Salem, North Carolina (the “Property”). NWDC had acquired the Property from City of Winston-Salem and Forsyth County (collectively "Winston-Salem") in 1998, after leasing it since 1971, subject to a Restrictive Use provision in the deed provided that:

By Ed Boltz, 12 December, 2021

M.D.N.C.: Strange v. Select Mgmt. Res.- Consumers Demand for Arbitration

Summary:

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