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By Ed Boltz, 14 March, 2024

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Abstract:

By Ed Boltz, 13 March, 2024

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

Summary:

The Longphres  loaned KT Financial $330,000 by two separate promissory notes with 30% interest  and specified “[a]ll accrued interest and unpaid principal” was due one year after the notes were executed.  The notes also allowed the Longphres to collect attorney's fees pursuant to N.C.G.S. § 6-21.2 if KT Financial defaulted.  

Surprise twist-  KT Financial defaulted.

By Ed Boltz, 13 March, 2024

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure

Summary:

By Ed Boltz, 11 March, 2024

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction

There's an argument that Chapter 13 Trustees should, at least in  some plans,  be sending debtors  1098s.  

From the IRS instructions:

________

By Ed Boltz, 10 March, 2024

N.C. Ct. of App.: Jhang v. Temple- Sufficiency of Service

Summary:

By Ed Boltz, 9 March, 2024

4th Cir.: Protopas v. Travelers- Subject Matter Jurisdiction for State Receivership

Summary:

By Ed Boltz, 9 March, 2024

4th Cir.: Mohamed v. Bank of America- Electronic Funds Transfers Act

Summary:

By Ed Boltz, 9 March, 2024

Bankr. M.D.N.C.: In re Randolph Hospital I & II- Motion for Summary Judgment and Expert Witnesses in a Bench Trial

Summary (MSJ):

The Liquidating Trustee   sought judgment on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair or deceptive acts  or practices against   Moses H. Cone Memorial Hospital Operating Corporation ("Cone Health),  with both parties seeking summary judgment.  

By Ed Boltz, 9 March, 2024

Law Review: Ponoroff, Lawrence- Chapter 13: Let’s Call the Whole Thing Off

Abstract:

By Stafford Patterson, 8 March, 2024

N.C. Ct. of App.: Maxsiq v. Howard- Severability of Settlement Terms

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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