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By Ed Boltz, 11 December, 2021

E.D.N.C.: Lesane v. Breeden- Rooker-Feldman bars Consumer Rights and Sovereign Citizen Claims regarding Child Custody

Summary:

By Ed Boltz, 11 December, 2021

4th Cir.: Tripplett v. Saul- Denial of Social Security Claim

Summary:

The Fourth Circuit found that, in denying her Social Security Disability claim, the Administrative Law Judge had erred by misreading the severity findings in two of the three medical opinions and also erred by failing to consider each of the factors listed in 20 C.F.R. § 404.1527(c) before affording only negligible weight to Triplett’s treating physician’s medical opinion.

Commentary:

By Ed Boltz, 11 December, 2021

W.D.N.C.: Bradley v. Progress Residential Prop. Manager, LLC- Failure to Brief 12(b)(6) Motion

Summary:

By Ed Boltz, 11 December, 2021

M.D.N.C.: Thomas v. Equifax Information Services, L.L.C.- Causal Nexus for FCRA Action

Summary:

By Ed Boltz, 11 December, 2021

Bankr. M.D.N.C.: In re Skwara- Disallowance of Private Student Loans due to Statute of Limitations

Summary:

By Ed Boltz, 4 December, 2021

N.C. Ct. of Appeals: BB&T v. GPAR FF, LLC- Reformation of Deed of Trust due to Mutual Mistake

Summary:

By Ed Boltz, 4 December, 2021

Law Review: Mayer, Jared, Bankruptcy's Equity Canon (August 5, 2021). American Bankruptcy Institute Law Review, Forthcoming

Abstract:

By Ed Boltz, 3 December, 2021

4th Circuit: Dress v. Capitol One- Interest Accrues on Credit Card unless Balance Paid in Full Monthly

Summary:

By Ed Boltz, 3 December, 2021

Bankr. W.D.N.C.: In re Corbell-Dockins- 401k Is Not an Asset of the Bankruptcy Estate

Summary:

Two months prior to the filing of bankruptcy by Ms. Corbell-Dockins and her husband, Kirk Morishita died leaving Corbell-Dockins the beneficiary of his 401k, which was rolled over into a 401k account in her name.

By Ed Boltz, 3 December, 2021

N.C. Ct. of App.: Ascendum Machinery v. Kalebich: No Personal Liability for Guaranty

Summary:

Mr. Kalebich was the General Manager for Duke Recycling and, in the course of his duties, on November 3, 2016, signed a guaranty for financing from Ascendum Machinery. Duke Recycling eventually failed and was liquidated. Ascendum then sued Kalebich for the $18,475.83 balance owed to it by Duke Recycling, alleging that he had executed the Guaranty in his individual capacity.

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