Summary:Daniel Colton fell delinquent on his mortgage with Bank of America in 2009 and began considering filing bankruptcy, but instead sought to refinance or obtain a loan modification. That process stretch for several years, during which time Bank of America entered into the National Mortgage Settlement. Bank of America then in 2012, despite previous indications that it was willing to refinance the mortgage, declined to do so. Mr. Colton again indicated that he intended to declare bankruptcy. Bank of America encouraged Mr.

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The Debtor purchased real property and a vehicle with funds received from a personal injury settlement and claimed such property as exempt under N.C.G.S. § 1C-1601(a)(8), which allows an unlimited exemption for personal injury awards and settlements. The Trustee and First Bank objected.

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A pro se debtor failed to obtain the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h) and the bankruptcy court sua sponte issued an Order to Show Cause why the case should not be dismissed. Despite opposition from the Chapter 7 trustee, who, having been alerted by Wells Fargo, believed there were non-exempt funds available, the bankruptcy court held that the case must be dismissed.

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The Hunoval Law Firm and its married partners, Mathias Hunoval and Christina Hunoval, were sued by Everbank for failure to make payments on its lease, with Christina Hunoval representing the Law Firm, as well as herself and her husband. Everbank sought to disqualify Ms. Hunoval as acting as counsel under Rule 3.7 of the North Carolina Rules of Professional Conduct because she was a necessary witness. The exceptions to Rule 3.7 allow attorney representation if:

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A drawing of the cuneiform transcription of a debt cancellation (amargi law) by Enmetena , ruler of the Sumerian city-state of Lagash, c. 2400 BC, basically the first known bankruptcy discharge. (Original in the Louvre.) By Lynn Yost.

Just stumbled on this while looking into the HAVEN Act  which is likely to pass both the House and Senate and would exclude Veterans disability from the Means Test just like Social Security, as there are other retirement benefits that mirror those and are protected from creditors outside of bankruptcy.

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