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By Ed Boltz, 16 December, 2024

E.D.N.C.: Williams v. Burnett- Denial of Interlocutory Appeal

Summary:

By Ed Boltz, 3 December, 2024

In re Randolph- No Common Law Exemption for Firearms

Summary:

By Ed Boltz, 25 November, 2024

Bankr. E.D.N.C.: Raynor v. ECMC- Student Loans Adversary Proceeding failed to satisfy 3rd Prong of Brunner

Summary:

Leigh Raynor filed for Chapter 13 bankruptcy on April 11, 2019, and, after receiving a general discharge of debts on July 30, 2024,  commenced a Student Loan Adversary Proceeding  to discharge her student loan debts, totaling $80,408.84 as an "undue hardship" under 11 U.S.C. § 523(a)(8).  The student loans were incurred between 1999 and 2002 for undergraduate and graduate education, but Raynor did not enter the professional field associated with her graduate degree.

By Ed Boltz, 23 November, 2024

Bankr. M.D.N.C.- Cournoyer v. Adrian Bruckner- Sanctions against Bankruptcy Petition Preparer

Summary:

By Ed Boltz, 22 November, 2024

Law Review: Boyack, Andrea J., Just Consumer Financial Protection: Prevention or Cure (August 09, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-27

Available at:  https://ssrn.com/abstract=4921426

Abstract:

By Ed Boltz, 20 November, 2024

Bankr. E.D.N.C.: In re Island Breeze Grill- Binding Effect of Confirmation & Limitations on Standing for Plan Modification

Summary:

The bankruptcy court for the Eastern District of North Carolina denied Signature Capital, LLC's motion to amend or set aside the order confirming Chapter 11 bankruptcy reorganization plan. Signature Capital sought relief under Rule 60(a) and Rule 60(b) of the Federal Rules of Civil Procedure, arguing that the plan failed to recognize a subordination agreement that granted it lien priority over the IRS for certain assets.

Key points:

By Ed Boltz, 19 November, 2024

N.C. Ct. of Appeals: East Bay v. Baxley- No Tolling of Statute of Limitations for Judgment Renewal

Summary:

By Ed Boltz, 15 November, 2024

Law Review: Sara Sternberg Greene et al., Getting to Home: Understanding the Collateral Consequences of Negative Records in the Rental Housing Market, 74 Duke Law Journal 269-352 (2024)

By Ed Boltz, 14 November, 2024

W.D.N.C.: Demons v. VA & Aalaam v. Movement Mortgage- Vapor Money and Mortgages

Summary:

In the first of these two unrelated cases,  Ephraim Demons, representing himself, alleged that his mortgage lender (among others)  committed fraud related to his mortgage based on Demons' belief that he created “money” when signing his mortgage.

Similarly,   Aalaam alleged fraud and claimed his mortgage loan was invalid under the "vapor money" theory, arguing that banks create money by recording promissory notes as assets and therefore loans don’t need repayment. 

By Ed Boltz, 14 November, 2024

W.D.N.C.: Cann v. Bankr of America- Fair Credit Billing Act Dispute Letter

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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