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By Ed Boltz, 13 November, 2024

Law Review: Collusive Foreclosure Sales: The Forgotten Legacy of Northern Pacific v. Boyd

Available at: : https://ssrn.com/abstract=4692732 or http://dx.doi.org/10.2139/ssrn.4692732

Abstract:

By Ed Boltz, 13 November, 2024

4th Cir.: Williams v. Brooksby- Bid Rigging at Foreclosure Auctions

Summary:

By Ed Boltz, 12 November, 2024

Bankr. M.D.N.C.: In re Oasis Cigar

Summary:

Diggs Restaurant Group and other creditors  argued that Oasis Cigar Club's Chapter 7 filing was unauthorized, as they claimed the company’s members had not voted to approve the filing. Oasis Cigar Club responded that its board of directors had authorized the filing, providing relevant documentation, though the movants questioned the legitimacy of the board’s authority and claimed judicial estoppel should prevent the company from asserting that the board had authority.

By Ed Boltz, 12 November, 2024

Bankr. W.D.N.C.: In re Gabriel Custom Homes

Summary:

Trident, the Debtor’s main creditor, argued that the  bankruptcy filings were part of a “scheme to delay, hinder, or defraud creditors,” as outlined in Section 362(d)(4) of the Bankruptcy Code, due to multiple bankruptcy filings affecting the same property. However, the court found that Trident did not present sufficient evidence to prove this claim.

By Ed Boltz, 11 November, 2024

Economics Review: Catherine, Sylvain and Ebrahimian, Mehran and Yannelis, Constantine, How Do Income-Driven Repayment Plans Benefit Student Debt Borrowers? (October 07, 2024).

Available at:    https://ssrn.com/abstract=4980610

Abstract:

By Ed Boltz, 11 November, 2024

4th Cir.: Universal Life Insurance v. Lindberg- Arbitration Award Affirmed

Summary:

By Ed Boltz, 11 November, 2024

Law Review: Schwartz, Alec, The Practical Consequences of Metaphysics: Who Owns a Fraudulent Transfer Claim in Bankruptcy? (July 31, 2024)

Available at:    https://ssrn.com/abstract=4912213 or http://dx.doi.org/10.2139/ssrn.4912213

By Ed Boltz, 11 November, 2024

W.D.N.C.: Herlihy v. DBMP- Relief from the Automatic Stay Requires both Bad Faith and Objective Futility

Summary:

By Ed Boltz, 11 November, 2024

Law Review: Pang, Belisa, Invisible Mortgages in Bankruptcy (June 05, 2024)

Available at:   https://ssrn.com/abstract=4939831

By Ed Boltz, 11 November, 2024

M.D.N.C.: Vaughn v. Navy FCU- Dismissal of Pro Se Consumer Rights Lawsuit

Summary:

Vaughn, who represented himself, filed a complex, convoluted and confusing complaint against Navy Federal with numerous claims, including violations of various U.S. and foreign statutes, breach of contract, breach of fiduciary duty, and allegations of discrimination. 

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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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