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By Ed Boltz, 29 January, 2019

Bankr. E.D.N.C.: Halatek v. U.S. Department of Education- Student Loans Nondischargeable

Summary:

By Ed Boltz, 29 January, 2019

Law Review: Sullivan, Gary E.- A Fresh Start to Bankruptcy Exemptions

Abstract:

By Ed Boltz, 26 December, 2018

Article: Dong, G. Nathan- Informal Bankruptcy: Health Expenditure Shocks and Financial Distress Avoidance Journal of Financial Counseling and Planning, Vol. 29, No. 1, 2018

Abstract:

By Ed Boltz, 26 December, 2018

Law Review: Zacks, Eric and Zacks, Dustin- No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses 18 Wake Forest Journal of Business and Intellectual Property Law 389 (2018)

Abstract:  

By Ed Boltz, 26 December, 2018

Odinet, Christopher K.: Banks, Break-Ins, and Bad Actors in Mortgage Foreclosure University of Cincinnati Law Review, Vol. 83, No. 4, 2015

Abstract

By Ed Boltz, 24 December, 2018

Eviction Diversion Programs and Chapter 13 Bankruptcy

First published at:  NCBarBlog With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. See Evicted (last visited Dec. 7, 2018).
By Ed Boltz, 13 November, 2018

Committee of Concerned Bankruptcy Judges

Comments of the Committee of Concerned Bankruptcy Judges
By Ed Boltz, 12 October, 2018

Bankr. E.D.N.C.: In re Faison: Collusion between Bidders at Auction

Summary:
Prior to filing bankruptcy,  Mr.  Faison had received an offer to purchase his real property from Marlowe & Moye for $1.1 million dollars, conditioned on improved road access being allowed by the Town of Knightdale.  When that was not granted, the sale fell through and Mr.  Faison eventually filed Ch.
By Ed Boltz, 12 October, 2018

W.D.N.C.: Musenge v. Smartways of the Carolinas: TCPA, Invasion upon Seclusion

Summary:
Ms.  Musenge rented a set of tires from Smartway, signing a lease that included permission to contact her, through live and automated calls, through her mobile telephone and further agreeing that she “waived the protections of all rights to privacy laws.”  When she fell behind on payments, Smartway not only began sending text messages for collection but also promotional advertisements.  Ms.
By Ed Boltz, 9 October, 2018

4th Circuit: Richardson v. Shapiro & Brown- Res Judicata Inapplicable

Summary: 
In apparent connection with a foreclosure,  Richardson, acting pro se, brought and FDCPA suit for failure to adequately verify debts under 15 U.S.C.  § 1692(g) against Shapiro & Brown, Nationstar Mortgage and Rushmore Loan Management.  In a very terse one-page memorandum opinion, the district court dismissed the case due to res judicata and the statute of limitations.  It can be surmised  only from the brief filed by Nationstar at the district court with its Motion to Dismiss, that Richardson had previousl

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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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