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By Ed Boltz, 5 February, 2019

E.D.N.C.: In re Broughton- Order to Vacate Property

Summary:

Ms.  Broughton,  a persistent and likely pernicious debtor and appellant,  filed a Chapter 13 bankruptcy proposing to sell for the benefit of her secured creditors the real property she claimed to own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.”  When this plan was rejected, her case was converted to Chapter 7.  The Trustee subsequently obtained an order to sell the property free and clear of liens, but by then Ms.  Broughton opposed such sale,

By Ed Boltz, 5 February, 2019

Law Review: Bruce, Kara J. and Sickler, Alexandra, Private Remedies and Access to Justice in a Post-Midland World

Abstract:

Over the past several years, chapter 13 debtors have used the Fair Debt Collection Practices Act (FDCPA) as a tool to challenge debt buyers who file massive numbers of proofs of claim for debt for which the statute of limitations has run. In Midland Funding v. Johnson, the Supreme Court held that filing a proof of claim for time-barred debt does not violate the FDCPA.

By Ed Boltz, 29 January, 2019

Bankr. E.D.N.C.: Halatek v. U.S. Department of Education- Student Loans Nondischargeable

Summary:

By Ed Boltz, 29 January, 2019

Law Review: Sullivan, Gary E.- A Fresh Start to Bankruptcy Exemptions

Abstract:

By Ed Boltz, 26 December, 2018

Article: Dong, G. Nathan- Informal Bankruptcy: Health Expenditure Shocks and Financial Distress Avoidance Journal of Financial Counseling and Planning, Vol. 29, No. 1, 2018

Abstract:

By Ed Boltz, 26 December, 2018

Law Review: Zacks, Eric and Zacks, Dustin- No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses 18 Wake Forest Journal of Business and Intellectual Property Law 389 (2018)

Abstract:  

By Ed Boltz, 26 December, 2018

Odinet, Christopher K.: Banks, Break-Ins, and Bad Actors in Mortgage Foreclosure University of Cincinnati Law Review, Vol. 83, No. 4, 2015

Abstract

By Ed Boltz, 24 December, 2018

Eviction Diversion Programs and Chapter 13 Bankruptcy

First published at:  NCBarBlog With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. See Evicted (last visited Dec. 7, 2018).
By Ed Boltz, 13 November, 2018

Committee of Concerned Bankruptcy Judges

Comments of the Committee of Concerned Bankruptcy Judges
By Ed Boltz, 12 October, 2018

Bankr. E.D.N.C.: In re Faison: Collusion between Bidders at Auction

Summary:
Prior to filing bankruptcy,  Mr.  Faison had received an offer to purchase his real property from Marlowe & Moye for $1.1 million dollars, conditioned on improved road access being allowed by the Town of Knightdale.  When that was not granted, the sale fell through and Mr.  Faison eventually filed Ch.

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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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