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By Ed Boltz, 23 February, 2024

Law Review: Bruckner, Matthew A. and Charron-Chenier, Raphael and Grooms, Jevay- , Bankruptcy in Black and White: The Effect of Race and Bankruptcy Code Exemptions on Wealth (December 8, 2023)

Abstract:  
Bankruptcy law in the United States is race-neutral on its face but, in practice, race matters in bankruptcy outcomes. Our original research provides an empirical look at how the facially neutral laws that allow debtors to retain assets in bankruptcy cases result in disparate outcomes for Black and white debtors. Racial differences in asset retention in bankruptcy cases play a role in perpetuating wealth inequality between Black and white debtors.

By Ed Boltz, 23 February, 2024

Bankr. M.D.N.C.: In re Adams- Sale of Residence is Substantial and Unanticipated Change in Circumstances resulting in new liquidation analysis

Summary:

By Ed Boltz, 23 February, 2024

Law Review, Hampson, Christopher- Harsh Creditor Remedies And The Role Of The Redeemer

Abstract:

By Ed Boltz, 21 February, 2024

Bankr. M.D.N.C.: In re Miller- Fraud and Similar Claims Related to Denial of Mortgage Modifications

Summary:

Yitzhak Miller  brought claims against related to the mortgage servicers related to  three rental properties:

By Ed Boltz, 19 February, 2024

Bankr. M.D.N.C.: In re Myatt- Equitable Distribution Award for 401k effective without QDRO & still Excluded from Estate

Summary:

The bankruptcy court overruled the chapter 7 trustee's objection to the debtor Catherine Myatt's claimed exemption in her interest in her former husband's 401(k) retirement account.

By Law Office Blogger, 19 February, 2024

What Are the Revised Department of Justice Guidelines for Discharging Student Loan Debt?

North Carolina Student Loan Debt Expert
As of February 14, 2024, the revised Department of Justice (DOJ) guidelines for discharging student loan debt are still under evaluation after their initial implementation in November 2022. Here's what we know:

Current guidelines (November 2022):

By Stafford Patterson, 17 February, 2024

Law Review: Alexandra P. Sickler, Big Banks & Small Consequences in Chapter 13, 39 Emory Bankr. Dev. J. 559 (2023).

Abstract:

Mortgage creditors struggle to properly service mortgages in chapter 13 cases, as evidenced by numerous cases describing violations of Bankruptcy Rule 3002.1. The consumer bankruptcy system, however, is not calibrated to compel system wide compliance from these large, institutional repeat actors. This Essay argues that the Consumer Financial Protection Bureau (CFPB) is well-suited to support the consumer bankruptcy system by exercising its monitoring and enforcement powers to promote, and even compel, mortgage creditor compliance in chapter 13 cases.

By Ed Boltz, 15 February, 2024

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under ยง 523(a)(2)(A)

Summary:

By Ed Boltz, 24 January, 2022

Law Review: Simmons, Joseph, Reconstructing the Bankruptcy Power: An Originalist Approach (October 31, 2021). 131 Yale L.J. 306 (2021)

Abstract:

By Ed Boltz, 24 January, 2022

4th Circuit: Alexander v. Carrington Mortgage- "Collector" under Maryland Consumer Protection Laws Contrasted with "Debt Collector" under the FDCPA

Summary:

In a suit brought against Carrington Mortgage Services, LLC, the borrowers alleged that Carrington violated the Maryland Consumer Debt Collection Act (MCDCA), which largely incorporates the Fair Debt Collection Practices Act (FDCPA), and the Maryland Consumer Protection Act (MCPA) by charging $5 convenience fees to borrowers who paid monthly mortgage bills online or by phone.

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