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By Ed Boltz, 18 July, 2025

4th Cir.: Tiber Creek Partners v. Ellume USA- Bankruptcy in the Land Down Under

Summary:

Tiber Creek Partners, a Virginia-based consulting firm, helped Ellume Ltd.—an Australian biotech company—and its U.S. subsidiary secure over $260 million in COVID testing contracts from Uncle Sam. When Ellume didn’t pay up, Tiber Creek sued in its home forum, the Eastern District of Virginia. But the district court dismissed the case on forum non conveniens grounds, and the Fourth Circuit just affirmed, sending the whole affair packing to Australia faster than you can sing “Waltzing Matilda.”

Tiber Creek filed two suits:

By Ed Boltz, 17 July, 2025

4th Cir. : Jackson v. Bankruptcy Administrator- Dismissal of Pro See Appeal

Summary:

By Stafford Patterson, 15 July, 2025

Bankr. W.D.Va.: In re Sorrells- Modification of Chapter 13 plan following Inhertitance

Summary:

By Ed Boltz, 11 July, 2025

Bankr. E.D.N.C: In re Ross-DeSantos- Homestead Exemption Allowed for Real Property Located outside of North Carolina

Summary:

Judge Pamela McAfee overruled a Chapter 7 trustee’s objection to a North Carolina debtor’s homestead exemption claimed in real estate located not in Wake County, but in Corentyne Berbice, Guyana. The case highlights two recurring issues in exemption law: 

(1) whether a spouse living abroad may qualify as a “dependent” for purposes of N.C.G.S. § 1C-1601(a)(1), and 

By Ed Boltz, 9 July, 2025

Bankr. E.D.N.C.- In re JSmith- Arbitration in Bankruptcy

Summary:

In this post-confirmation Chapter 11 dispute, the Bankruptcy Court for the Eastern District of North Carolina granted a motion by Fourth Elm Construction, LLC to compel arbitration and stay the adversary proceeding brought by the debtor, JSmith Civil, LLC. The adversary complaint asserted state-law claims for breach of contract and quantum meruit arising from a terminated subcontracting agreement. Fourth Elm relied on the contract’s Article 24 arbitration clause, invoking Section 3 of the Federal Arbitration Act (FAA).

By Ed Boltz, 8 July, 2025

Law Review: Tavera, Daniel, The Benefits of Hindsight: Determining Whether a Receipt of Benefits Is a Necessary Element of the Fraud Exception to Discharge

Available at:   https://ssrn.com/abstract=5295095

By Ed Boltz, 7 July, 2025

Law Review: Nehf, James P., Vehicle Repossessions and Article 9: Recent Developments (March 31, 2025)

Available at:    https://ssrn.com/abstract=5200391

By Ed Boltz, 3 July, 2025

Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022)

Available at:   https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5265203

Abstract:

By Ed Boltz, 2 July, 2025

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory

Summary:

By Ed Boltz, 2 July, 2025

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents

Summary:

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