Summary:

A recent decision from the Western District of North Carolina approving the settlement in Williams & Dantzler v. PHH Mortgage Corp. is worth reading for anyone who litigates consumer class actions. While the court ultimately approved the settlement, it did so only after making unusually pointed observations about the modest value delivered to class members and substantially reducing the requested attorney's fee award.

Summary:

The Fourth Circuit has issued an unpublished opinion disposing of eight consolidated appeals arising from a contentious Chapter 11 bankruptcy filed by debtor Paul Schultz. While the opinion itself is brief, it reflects an important reality of bankruptcy litigation: there comes a point at which repeated motions, reconsideration requests, and duplicative appeals no longer advance the merits of a case.

The Case

Schultz filed a Chapter 11 case in the Eastern District of Virginia. During the case:

Available at: https://www.newyorkfed.org/medialibrary/interactives/householdcredit/data/pdf/HHDC_2026Q1

Hammond v. Bank of America: Can a Creditor Keep Reporting You as Liable Without Proof You Ever Agreed to the Debt?

A recent decision from the Western District of North Carolina provides an important reminder that the Fair Credit Reporting Act (FCRA) requires more than simply checking a name and Social Security number when a consumer disputes responsibility for a debt.

Available at:  

https://www.journaloffreespeechlaw.org/hampson.pdf
http://blogs.law.ox.ac.uk/oblb/blog-post/2025/09/defamation-bankruptcy-pipeline-united-states-and-around-world

Available at: Post-Petition Wages and Attorneys' Fees in a Post-Harris World: Protecting Debtors' Counsel from Going Unpaid   (ABI membership required)

Available at: https://scholarlycommons.law.northwestern.edu/nulr/vol120/iss5/6

Summary:

Generative artificial intelligence has now reached the Eastern District of North Carolina in a published sanctions decision, and the resulting opinion should be required reading for every practicing attorney.

Available at:  When Chapter 11 Meets Consumer Protection: Navigating the Limits of § 363(o)  (ABI Membership Required)

When Chapter 11 Meets Consumer Protection: Is § 363(o) Becoming an Empty Promise?

Two opinions issued the same day by Judge Matthew E. Orso of the Western District of North Carolina represent an important development under the Fair Credit Reporting Act ("FCRA"). In the first, Judge Orso certified a nationwide class action.