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By Ed Boltz, 25 December, 2024

Law Review: Antill, Samuel and Bellon, Aymeric, The Real Effects of Bankruptcy Forum Shopping (December 11, 2024).

Available at:    Available at SSRN: https://ssrn.com/abstract=5052176 or http://dx.doi.org/10.2139/ssrn.5052176

Summary:

By Ed Boltz, 23 December, 2024

Law Review: Nagel, Fabian, Consumer Bankruptcy Audits (October 12, 2024).

Available at:    https://ssrn.com/abstract=4991384 or http://dx.doi.org/10.2139/ssrn.4991384

Abstract:

By Ed Boltz, 20 December, 2024

4th Cir.: Wesker v. Bank of America- Failure to State Claims following Denial of Mortgage Modification Application

Summary:

The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mark and Natasha Wesker’s claims against Bank of America. The Weskers alleged the bank mishandled their application for a modification of their home equity line of credit, leading to financial harm and damage to their credit score.

The Weskers asserted the following claims against Bank of America:

By Ed Boltz, 20 December, 2024

Law Review: Mary J. (Newborn) Wiggins, The New Rawlsian Theory of Bankruptcy Ethics, 16 CARDOZO L. REV. 111 (1994)

Available at:    https://larc.cardozo.yu.edu/clr/vol16/iss1/5

Abstract:

By Ed Boltz, 18 December, 2024

Law Review: Laura B. Bartell, The Continuing Problem of Continuing Concealment – Ignoring the Language and Policy of § 727(a)(2)(A), 98 AM. BANKR. L J. 50 (2024).

Available at: https://digitalcommons.wayne.edu/cgi/viewcontent.cgi?article=1605&context=lawfrp

Abstract:

By Ed Boltz, 16 December, 2024

E.D.N.C.: Williams v. Burnett- Denial of Interlocutory Appeal

Summary:

By Ed Boltz, 3 December, 2024

In re Randolph- No Common Law Exemption for Firearms

Summary:

By Ed Boltz, 25 November, 2024

Bankr. E.D.N.C.: Raynor v. ECMC- Student Loans Adversary Proceeding failed to satisfy 3rd Prong of Brunner

Summary:

Leigh Raynor filed for Chapter 13 bankruptcy on April 11, 2019, and, after receiving a general discharge of debts on July 30, 2024,  commenced a Student Loan Adversary Proceeding  to discharge her student loan debts, totaling $80,408.84 as an "undue hardship" under 11 U.S.C. § 523(a)(8).  The student loans were incurred between 1999 and 2002 for undergraduate and graduate education, but Raynor did not enter the professional field associated with her graduate degree.

By Ed Boltz, 23 November, 2024

Bankr. M.D.N.C.- Cournoyer v. Adrian Bruckner- Sanctions against Bankruptcy Petition Preparer

Summary:

By Ed Boltz, 22 November, 2024

Law Review: Boyack, Andrea J., Just Consumer Financial Protection: Prevention or Cure (August 09, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-27

Available at:  https://ssrn.com/abstract=4921426

Abstract:

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