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By Ed Boltz, 19 February, 2019

Economics Review: Foote, Christopher L. and Willen, Paul S., Mortgage-Default Research and the Recent Foreclosure Crisis (2017-10-01). FRB of Boston Working Paper No. 17-13.

Abstract:

This paper reviews recent research on mortgage default, focusing on the relationship of this research to the recent foreclosure crisis. Research on defaults was advanced both theoretically and empirically by the time the crisis began, but economists have moved the frontier further by improving data sources, building dynamic optimizing models of default, and explicitly addressing reverse causality between rising foreclosures and falling house prices.

By Ed Boltz, 13 February, 2019

Economics Review: The Impact of Student Debt on High Value Entrepreneurship and Venture Success: Evidence from No-Loans Financial Aid Policies

Abstract:

This paper finds that graduates from universities that remove student loans from their financial aid policies are more likely to start entrepreneurial ventures and are more likely to subsequently get venture capital (VC) backing, particularly by reputed VCs, and get higher VC investment. Such ventures have higher sales and employment five years after founding. These results are stronger for universities with higher tuition and greater extent of R&D activity.

By Ed Boltz, 13 February, 2019

Economics Review: Behavioral Effects of Student Loan Repayment Plan Options on Borrowers’ Career Decisions: Theory and Experimental Evidence

Abstract:

This paper studies the effects of available student loan repayment plans on borrowers’ career choices. By removing the risk of loan default, income driven repayment (IDR) plans make higher-paying but riskier jobs more attractive to those with moderate skill levels. The authors present experimental evidence that student loan recipients consider the repayment plans offered to them as well as the plans available to other borrowers as a reference in their evaluations of loans and careers.

By Ed Boltz, 13 February, 2019

E.D.N.C- U.S. v. Boykin: Vacatur of Lower Court Order as Moot: ACA Claim as Penalty or Tax

Summary:

During Ms. Boykin’s Chapter 13 case, the bankruptcy court held that the claim by the United States arising under the Affordable Care Act ("Obamacare") out of her failure to obtain health insurance was a non-priority penalty and not a tax.  While this appeal by the government was pending, Ms. Boykin voluntarily converted her case to Chapter 7, in which all parties agreed there would be no insufficient assets for any distribution to creditors.

By Ed Boltz, 13 February, 2019

N.C. Court of Appeals- Bryant v. Nationstar Mortgage, L.L.C.: Mortgage Lender Has No Duty to Disclose Secret Settlement with Insurance Carrier

Summary:

Mr.  Bryan refinanced his home in 2007, with two mortgages, ultimately held by Nationstar, originally totaling $657,000.  In August 2009, Mr.  Bryant’s home was destroyed by fire, but was fortunately insured for up to $649,000.  By May of 2013, when the home had still apparently not been rebuilt and the insurance proceeds not disposed of, Nationstar brought a “secret lawsuit” against the insurance carrier and settled that suit for $445,000.  Nationstar then commenced foreclosure agains

By Ed Boltz, 13 February, 2019

4th Circuit- Virginia v. Webb: Disposition of Chapter 13 Funds following Dismissal

Summary:

The Virginia Department of Social Services, Division of Child Support Enforcement, sought to obtain post-petition funds held by the Trustee following the dismissal of Mr. Webb’s unconfirmed Chapter 13 case to apply against his delinquent child support.

By Ed Boltz, 13 February, 2019

NACTT Quarterly: Prometheus Unbound? The National Form Plan, Local Opt-Out Plans and Nonstandard Provision

by Edward Boltz

Quarterly_Vol31_2 Prometheus UnboundDownload
By Ed Boltz, 12 February, 2019

Bankr. M.D.N.C.: Evapco, Inc. v. Peterson- Denial of Discharge and Nondischargability for Willful and Malicious Injury; Collateral Estoppel

Summary:

After selling his business to Evapco, Mr. Peterson continued to work for Evapco subject to a non-compete agreement.  Despite this, Mr. Peterson formed other entities which Evapco asserted violated such agreement and defrauded Evapco.  Evapco brought suit in Maryland, with the court there entering a default judgment as a sanction against Mr.

By Ed Boltz, 12 February, 2019

Law Review- Sovern, Jeff and Walton, Kate and Frishberg, Nathan: Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices

Abstract:  

The federal Fair Debt Collection Practices Act obliges debt collectors to provide certain notices to consumers from whom they are attempting to collect debts. This article is the authors’ second to report findings from the first academic study of consumer understanding of one of those notices, commonly called the validation notice or “g notice.” The authors showed consumers different versions of collection letters and then asked questions to measure their understanding of the notices.

By Ed Boltz, 5 February, 2019

Bankr. E.D.N.C.: In re Dev- Termination of the Automatic Stay

Summary:

Mrs. Dev had filed three bankruptcy cases, with the second dismissed on September 12, 2017, and the third filed on February 13, 2018, for the purpose, among others, of stopping the foreclosure of her home by Coastal Federal Credit Union. CFCU brought a Motion for Relief arguing that it lacked adequate protection, that the plan was filed in bad faith, was abusive, and part of a scheme to delay, hinder and defraud CFCU. It sought in rem relief for two years. Ms.

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