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By Ed Boltz, 18 June, 2024

SCOTUS: UST v. John Q. Hammons- Remedy for Violation of the Bankruptcy Uniformity Clause

Summary:

By Ed Boltz, 13 June, 2024

MDNC BK: In re Beverly- Reopening of a Case to Avoid Judgment Lien

Summary:

Michael Vincent Beverley filed for Chapter 7 bankruptcy on May 24, 2019,   disclosing In his petition his ownership of  real property located at 6680 Ridge Bluff Drive, Rural Hall, North Carolina, valued at $208,000, encumbered by a deed of trust and several judgment liens, including to BMO Harris Bank..  Mr.  Beverley  received a discharge on August 29, 2019, and the case was closed on September 9, 2019, but without filing motions to avoid judicial liens.

By Ed Boltz, 12 June, 2024

4th Cir.: Todman v. Baltimore- Abandonment of Personal Property Following Eviction

Summary:

Marshall and Tiffany Todman, tenants in Baltimore, were evicted and lost their belongings under Baltimore’s Abandonment Ordinance, which deems any property left behind at eviction as abandoned. The Todmans sued the City of Baltimore, alleging violations of their Fourteenth Amendment rights to due process,  asserting that they were deprived of their property without adequate notice and opportunity to be heard.

By Ed Boltz, 6 June, 2024

SCOTUS: Truck Insurance Service v. Kaiser Gypsum- Definition of Party in Interest in Bankruptcy

Summary:
Truck Insurance Exchange, the primary insurer for companies facing asbestos-related lawsuits, objected to the reorganization plan proposed by Kaiser Gypsum Co. and Hanson Permanente Cement, which had filed for Chapter 11 bankruptcy. The plan created an Asbestos Personal Injury Trust under 11 U.S.C. §524(g) to handle all asbestos-related claims. Truck, responsible for defending and indemnifying up to $500,000 per claim, argued that the plan exposed it to fraudulent claims due to inadequate disclosure requirements for insured claims.

By Ed Boltz, 4 June, 2024

N.C. Ct. of App.: In re White Oak Missionary Baptist Church- No Appointment of Receiver

Summary:

By Ed Boltz, 3 June, 2024

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal

Available at Amazon:  Unjust Debts: How Our Bankruptcy System Makes America More Unequal

By Ed Boltz, 29 May, 2024

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024).

Available at: The Poor Man's Problem in Bankruptcy

Introduction:

This Comment describes how bankruptcy courts operate and explores the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on indigent parties and  also discusses the unique concerns surrounding pro se bankruptcy cases compared to other proceedings and points out the inequities that currently exist between trustees and debtors. 

By Ed Boltz, 29 May, 2024

4th Cir.: Bland v. Carolina Lease Management Group Statute of Limitations for UDTPA

Summary:

By Ed Boltz, 29 May, 2024

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

Summary:

By Ed Boltz, 29 May, 2024

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Summary:

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Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
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