On remand from the 4th Circuit, where Jason McDonald and MDC first raised the issue of subject matter jurisdiction, the bankruptcy court held that the actual debtor in this case held an ownership interest in MDC, such was, even under the broad “related to” jurisdiction, insufficient to allow the bankruptcy court to determine what assets were owned by that corporate entity. Otherwise:
Under such an expansive interpretation of “related to” jurisdiction, if a debtor owned a single share of a corporation
Even though the Debtors admitted that they did not meet th venue requirements of 28 U.S.C. § 1408, the bankruptcy court held that Rule 1014 required dismissal or transfer of a case filed in an improper district only on the filing of “timely” objection by a party in interest. Here, First New York Federal Credit Union did not object to venue until after the §341 Meeting of Creditors, payments had been collected through wage garnishment, and a proposed plan was pending, and then only on the 2nd to last day to object to Confir
Following a trial (which the bankruptcy court described as more akin to a Summary Judgment Hearing), which was preceded by what can almost described as a remand by the bankruptcy court to the state domestic court to clarify the nature of its award of 50% of the Debtor’s retirement to his ex-wife, the bankruptcy court held that such award was not equitable distribution, which would have been dischargable in the Debtor’s Chapter 13, but a non-dischargable domestic support obligation.
Koepplinger, as a putative class representative, alleged that Seterus would send North Carolina residents who were more than 45 day delinquent on mortgage payments its “NC Final Letter”, which stated, in pertinent part, that:
“If full payment of the default amount is not received by us . . .
Summary:
The Frucellas purchased a home with a mortgage note from The Lotham & Nettleton Co. In 1985. In 1997, a Notice of Substitution of Trustee was filed providing, among other things, that Crestart Bank was the holder of the note.
Abstract:
This Article examines the tendency of current American bankruptcy law to maintain the social and economic status of middle- and upper-class debtors while doing much less to assist poorer debtors and non-debtors. In doing so, it examines and categorizes various aspects of statutory and case law that allow debtors to preserve their prior economic status. After reconstructing and rebutting the normative arguments offered in defense of these provisions, it suggests a proposal for reforming bankruptcy law to emphasize goals other than the maintenance of economic status.
Abstract:
A drawback of student loans is that a debtor must show “undue hardship” to discharge them in bankruptcy. An advantage of student loans is that most of them may be repaid using income-driven repayment (“IDR”) plans, under which the debtor can satisfy the obligation by paying a share of income over a specified time, even if the payments do not reduce the loan balance to zero.
This Article addresses how the availability of IDR should affect the analysis of undue hardship in student-loan bankruptcy.
Summary:
Charles Loncon, an attorney licensed to practice in Georgia, but not North Carolina, filed a Notice of Appearance to represent Carolina Home Solutions ("CHS"), a corporation, and Charles Boudreau, an individual. The Superior Court initially allowed Loncon to appear at a scheduling conference, but admonished him that he would have to obtain pro hac vice admission going forward and that CHS, as a corporation, could not represent itself pro se.
Abstract:
Among consumers who file for bankruptcy, African Americans file Chapter 13 petitions at substantially higher rates than other racial groups. Some have hypothesized that the difference is attributable to discrimination by attorneys. We show that the difference may be attributable, in substantial part, to a selection effect: Among distressed consumers, African Americans have longer commutes to work, rely more heavily on cars for the commute, and therefore have greater demand for a bankruptcy process (Chapter 13) that allows them to retain their cars.
