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By Ed Boltz, 3 February, 2015

M.D.N.C.: Brown v. Western Sky- Forum Selection and Tribal Exhaustion

Summary: Plaintiffs brought a class action against various payday lenders for violations of North Carolina law forbidding high interest rate loans either through by telephone or internet.
By Ed Boltz, 3 February, 2015

N.C. Court of Appeals: Macon Bank v. Cornblum- Clerical Error in Consent Order

Summary: Mr. & Mrs. Cornblum entered into a consent judgment with Plaintiff for a $225,000 from default on a home equity line. The Consent Order, despite being signed by both parties and the lawyer, identified as “Attorney for the Defendants”, used the singular “Defendant” throughout the body of the agreement.
By Ed Boltz, 3 February, 2015

N.C. Court of Appeals: Wells Fargo v. Coleman- Statute of Limitations for Reformation of Deed of Trust is a Factual Determination; Reasonable Diligence not required for Mutual Mistake

Summary: The Colemans own lots 42, 43, 44, and 45 of a subdivision, with their home located on lots 42 and 43 and lots 44 and 45 being undeveloped. In 2007, Mr. Coleman borrowed $137,567.00 from (now) Wells Fargo, secured by a Deed of Trust signed by the couple.
By Ed Boltz, 28 January, 2015

Bankr. M.D.N.C.: In re Martin- Confirmation Vacated Pursuant to Rule 60(b) due to Mistake

Summary: Debtor’s Chapter 13 plan was confirmed cramming down the claim of Greater Piedmont Credit Union against mobile home and land, prior to the filing of the Proof of Claim by GPCU showing that title to the mobile home had been cancelled, affixing it to the real property.
By Ed Boltz, 28 January, 2015

Bankr. M.D.N.C.: In re Nevils- Exempt Worker’s Compensation Award is not Disposable Income

Summary: After the filing of a Chapter 13 bankruptcy, Mr. Nevils received a lump-sum Worker’s Compensation award of $235,000. Over the Trustee’s objection, the bankruptcy court previously allowed Mr. Nevils’ exemption of the proceeds, without ruling at that time on whether such constituted disposable income. The Trustee, supported by the Bankruptcy Administrator, then brought a motion to modify, arguing that even though exempt, the award constituted a substantial and unanticipated change in circumstances and should be considered in calculating Mr.
By Ed Boltz, 27 January, 2015

Law Review: Jiménez, Dalié- Dirty Debts Sold Dirt Cheap

Debt Buyer keeps naggin' at you night and day Enough to drive you nuts Pick up the phone, leave me alone It's time you made a stand. Paraphrase of AC/DC- Dirty Deeds Done Dirt Cheap Abstract: More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem.
By Ed Boltz, 27 January, 2015

4th Circuit: Powell v. Palisades Acquisition- Assignment of Judgment was an Action in Connection with the Collection of a Debt

Summary: Ms. Powell incurred a credit card debt original with Direct Merchants. After losing her job, she fell into default and Platinum Financial, the assignee of the debt, obtained a judgment against Ms. Powell. Several years later, Platinum Financial sold the debt to Palisades Acquisition, whose attorney filed an Assignment of Judgment that erroneously stated the outstanding balance owed. Ms.
By Ed Boltz, 26 January, 2015

Obituary: Judge Randy D. Doub, Bankruptcy Judge Eastern District of North Carolina

Out of a hesitation that anything written here would fall short and do a disservice to his memory, I will leave words of remembrance and mourning for others who knew Randy Doub better as a judge, an attorney and as man.
By Ed Boltz, 21 November, 2014

4th Cir. : Kingston at Wakefield Homeowner’s Association, Inc. V. Castell (In re Castell)- Homeowner’s dues are unsecured unless Claim of Lien is filed.

Summary: Homeowner’s association filed a Proof of Claim in the Debtor’s Chapter 13 case asserting that it was secured by a lien against the Debtor’s residence. The Debtor objected to the secured status as the HOA had not filed a Claim of Lien with the County Clerk of Court pursuant to the Planned Community Act (“PCA”) at N.C.G.S. § 47F-3-116(a). The HOA argued that its recorded Declaration of Covenants, Conditions, and Restrictions was sufficient under common law to hold a secured claim without the filing of a Claim of Lien.
By Ed Boltz, 10 September, 2014

THE BIG STORY: SENIOR AMERICANS BURDENED WITH STUDENT DEBT

The Big Story

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