Summary:

The Debtors executed an adjustable rate mortgage note on May 5, 2006, and received several disclosures, including a Truth in Lending Disclosure Statement, a Notice of Right to Cancel, a Variable Rate Mortgage Program Disclosure, a HUD-1 Settlement Statement and a First Payment Letter.

Summary: Following shortly after the opinion by Judge Leonard in In re White (See:  http://ncbankruptcyexpert.com/?p=686), Judge Doub similarly held here that the attorney for the mortgage servicer had made no showing that the filing of Notice of Mortgage Payment Change required the assistance of an attorney. For a copy of the opinion, please see:

Summary: Piedmont Equine Associates, Inc., and its debt collector, Madison Credit Bureau Associates, Inc.,  continued to contact the Debtors about payment of a debt, not only after notice of the bankruptcy,  but after it had filed a Proof of Claim.  The contacts included letters, telephone calls and direct contact by their daughter’s horse trainer. The Court found that Piedmont had violated 11usc 362 and that recovery for actual damages under § 362(k) included emotional distress.  Evidence of emotion distress "need not rise to the level necessary to prove

Summary: Plaintiff in a non-dischargability action sought summary judgment based on judgment entered by Judge Jolly on August 17, 2009.  The Debtors/Defendants, however, produced the entire state court file, showing both that Judge Stephens had dismissed the action on May 19, 2009, and that there was nothing showing the Debtors/Defendants received notice of the litigation pending before Judge Jolly. Finding that the Debtors/Defendants had not had "an adequate opportunity or incentive to obtain a full and fair adjudication in the initial action."  Metropolitan H

Summary: Creditor filed a Notice of Mortgage Payment Change and contemporaneously filed a Notice of Post-Petition Mortgage Fees, asserting a $50.00 fee for filing the Notice of Mortgage Payment Change. On the objection of the Chapter 13 Trustee, the Court disallowed this fee, finding that the Notice of Mortgage Payment Change was "nothing more than a clerical duty" and did not require the assistance of legal counsel. Commentary: This opinion apparently independently comes to the same conclusion as did Judge Mayer of the Eastern District of Virginia, in&nbs

Summary:

In three separate Orders in the same case, which began as a Chapter 11 and later converted to Chapter 7,  the Court looks at the allowance of administrative expenses.

Summary:

Starting from the case of Murray’s Lessee v.  Hoboken Land & Improvement Co., 59 U.S. (18 How.)  272 (1855), this article looks at the roots of the recent decision in Stern v.  Marshall, 131 S.  Ct.  2594 (2011).  In Murray’s Lessee, the U.S.

Abstract:

This article provides a detailed examination of the structure, sources, and ultimate content of the Islamic law of distressed debt. With specific illustrations from the Qur'an, sunna, and fiqh (Islamic jurisprudence), it orients non-specialists on the path to understanding where Islamic law comes from, how it is structured, and what its most salient provisions say about the proper treatment of insolvent debtors.

Summary: Because of the language of the lease, the bankruptcy court held that a lease had terminated (and consequently could not be assumed in a later bankruptcy case) following default and written demand by  the Leasor of payment of past due rent within 10 days.  Specific notice of termination of the lease was not required. For a copy of the opinion, please see: Salon America- Date of and Requirement for Termina

Summary:

The Trustee sought a 2004 Exam and documents from First Citizens Bank ("FCB"), based on a belief that the Debtor had used a checking account at FCB in connection with a Ponzi scheme.  FCB sought to quash this discovery, arguing that the Trustee was on a fishing expedition to establish claims against FCB in relation to the alleged scheme.