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By Ed Boltz, 29 May, 2024

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

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

Summary:

By Ed Boltz, 24 May, 2024

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction

Summary:

Once through the  captions and parties (which constitute the first  37 out of 39 pages of this decision),  this appeal concerns the confirmation of arbitration awards by the district court under Section 9 of the Federal Arbitration Act (FAA)  against TitleMax of Virginia, Inc., which argued that the applications did not identify an independent jurisdictional basis.

By Ed Boltz, 23 May, 2024

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023)

Abstract:

By Ed Boltz, 22 May, 2024

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order

Summary:

Bestwall, LLC filed for Chapter 11 bankruptcy in November 2017 to address asbestos-related claims and  sought discovery to estimate its asbestos liabilities, leading to a personal injury questionnaire (PIQ) order for all mesothelioma claimants. The PIQ order was contested but upheld, with the court retaining jurisdiction to enforce it. 

By Ed Boltz, 24 April, 2024

Law Review: Kilborn, Jason J., The 'Market Model' of Debt Counseling and Bankruptcy in the United States (March 1, 2024)

Available at SSRN: https://ssrn.com/abstract=4752879

Abstract:

By Ed Boltz, 23 April, 2024

Research Paper: Lee, Brian Jonghwan, Bankruptcy Lawyers and Credit Recovery (April, 2024). FRB of Philadelphia Working Paper No. 24-10,

Available at SSRN: 

By Ed Boltz, 21 April, 2024

4th Cir. : Morgan v. Bruton- Tax Lien not Required for IRS to Pierce Tenancy by the Entireties

Summary:

By Ed Boltz, 21 April, 2024

th Cir.: Berman v. PHEA- Derivative Sovereign Immunity for Student Loan Servicer

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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