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By Ed Boltz, 1 August, 2018

N.C. Superior Court: Carolina Home Solutions, Inc. v. Crystal Coast Home Solutions - Out-of-State Attorneys cannot Ghostwrite Pleadings

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.
By Ed Boltz, 12 April, 2018

Law Review: Morrison, Pang & Uettwiller- Race and Bankruptcy

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.
By Ed Boltz, 12 April, 2018

Law Review: Farrell, Bhagat, Ganong & Noel- Mortgage Modifications after the Great Recession: New Evidence and Implications for Policy

Preliminary Comment: This is a study commissioned by the J.P. Morgan Chase & Co. Institute, so not a bunch of wooly-headed, bleeding heart academics. That even it finds tremendous utility in loan modification programs, should not be taken lightly. Abstract: In the aftermath of the Great Recession, various mortgage modification programs were introduced to help homeowners struggling to make their monthly mortgage payments remain in their homes.
By Ed Boltz, 12 April, 2018

Law Review: Bussel, Daniel- Doing Equity in Bankruptcy

Abstract: This Article argues that consistent with the Code’s text and policy, injunctions or other forms of equitable relief should be presumptively treated as “claims,” even if nonbankruptcy law does not permit the enjoined party to satisfy the injunction by the payment of money. This presumption, however, should be rebuttable. No categorical rule can determine when equitable remedies should be monetized and discharged.
By Ed Boltz, 12 April, 2018

Law Review: Iverson, Madsen, Wang & Xu- Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes

Abstract: Exploiting the within-district random assignment of bankruptcy cases to judges, we provide new evidence on the effects of judges' on-the-bench experience on large public corporate Chapter 11 outcomes. We find that cases assigned to more experienced judges spend less time in bankruptcy, are more likely to be reorganized rather than liquidated, but are not more likely to refile for bankruptcy after emergence.
By Ed Boltz, 12 April, 2018

Law Review: Emerson, Andrew F.- So You Want to Buy a Discharge: Revisiting the Sticky Wicket of Settling Denial of Discharge Proceedings in the Chapter 7 Bankruptcy, 92 Am. Bankr. L.J. 111 (2018)

Abstract: The propriety and requisites for the settlement of denial of discharge proceedings, initiated under § 727 of the Bankruptcy Code, has long been a subject of controversy in the federal judiciary. One series of decisions prohibits any settlement that would include the debtor’s payment of settlement funds or giving other value. At the other end of the spectrum, various courts have approved such settlements, even permitting direct payment to the prosecuting creditor under appropriate circumstances.
By Ed Boltz, 12 April, 2018

4th Circuit: Janvey v. Romero- 11 U.S.C. § 707(a) Bad Faith

Summary: Ralph Janvey, as the receiver in a Ponzi scheme litigation against Stanford Financial Group (“SFG”), sought and, following trial, obtained a judgment against Peter Romero for $1.275 million related to fees and profits Romero had earned from SFG. Romero then filed Chapter 7 and Janvey sought dismissal for cause pursuant to 11 U.S.C. § 707(a).
By Ed Boltz, 9 January, 2018

N.C. Business Court: Bass v. NC Dept. of Revenue- Statute of Limitations for Tax Refund

Summary: Mr. Bass filed his 2012 federal tax return electronically, but unintentionally failed to file his state return. In July 2016, the North Carolina Department of Revenue (“NCDOR”) sent Mr. Bass a Notice of Intent to Assess for Failure to File North Carolina Return (“the Notice”) and then Mr. Bass filed his 2012 return on August 4, 2016, contending a refund was due. The NCDOR denied the refund, as the return was beyond the 3-year statute of limitations. Mr.
By Ed Boltz, 9 January, 2018

Law Review: Levitin, Lin, & Wachter- Mortgage Risk Premia During the Housing Bubble

Abstract: How did mortgage risk pricing for securitized loans change during the lead-up to the 2008 financial crisis? Using a database from a major American bank that serves as trustee for private-label securitized loans, this paper shows that the decline in underwriting standards was accompanied by a decline in credit spreads on mortgages, after adjusting for loan/borrower characteristics. Observable information, including FICO and LTV, became less influential on mortgage risk pricing over time during the housing bubble.
By Ed Boltz, 9 January, 2018

E.D.N.C.: In re Hurlburt- Anti-Deficiency Mortgage Statute does not Circumvent Anti-Modification Provisions

Summary: After direct appeal to the 4th Circuit was declined, the district court affirmed the opinion of the bankruptcy court in Hurlburt that the anti-deficiency statute of N.C.G.S. § 45-21.28 does not allow debtors to circumvent the anti-modification provisions of 11 U.S.C. § 1322(b)(2) and (c)(2), with Witt v. United Companies Lending Corp. (In Re Witt), 113 F.3d 508 (4th Cir.

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