As the  FDCPA is concerned “with the substance of the transaction as opposed to the form”,  the 4th Circuit held that even assuming that the original 2004 debt was  a commercial loan, the later 2006 debt,  used to satisfy the original obligation,  was a consumer loan as it concerned the Plaintiff's personal finances, his personal residence, and was taken out in his own name. This case may also have value in determining whether a debtor "debts are primarily consumer debts"  under  11 U.S.C.

The Fourth Circuit Court of Appeals held that "the Code plainly provides" that a debtor does not have to actually claim an exemption in order to use Code section 522(f) to avoid a judicial lien that impairs the exemption.

Real Property was owned by Walter Davis and his wife,  Shelvia Davis, as tenants by the entireties.  Deed of Trust listed "Walter Davis, A Married Man"  as the grantor,  but Shelvia Davis was both present at the closing and had signed and/or initialed several of the documents.

The Court of Appeals held that while Wachovia had failed to provide timely notice of the hearing on a Motion for Summary Judgment,  the Davis's,  who appeared pro se,  had proper notice of the motion itself  and being present at the hearing  had not