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By Ed Boltz, 23 April, 2025

Book Review: Berman, Jillian- Sunk Cost: Who's to Blame for the Nation's Broken Student Loan System and How to Fix It

Jillian Berman author of Sunk Cost, a Student Loan Debt System

By Ed Boltz, 23 April, 2025

N.C. Ct. of App.: Paradigm Park Holdings v. Global Growth Holdings

Summary:

By Ed Boltz, 22 April, 2025

Law Review: LoPucki, Lynn M., False Venue Claims Signed Under Penalty of Perjury

Available at:  https://ssrn.com/abstract=5068891

Abstract:

In a study of venue for the one hundred ninety-five large, public company bankruptcies filed from 2012 through 2021, I discovered nine cases (5%) in which the companies’ venue claims were in apparent conflict with what the debtors themselves stated on their petitions to be the locations of the companies’ principal places of business and principal assets. Eight of the nine proceeded to confirmation in an improper venue.

By Ed Boltz, 21 April, 2025

Law Review: Hampson, Christopher- Defamation, Bankruptcy & the First Amendment

Available at:   https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5156187

Abstract:

By Ed Boltz, 21 April, 2025

4th Cir.: Sugar & Saser v. Burnett- Reliance on Legal Advice as Defense and Vesting of Assets in the Debtor does not preclude subsequent modification due to appreciation

Summary:

 In  Sugar & Sasser v. Burnett, the Fourth Circuit upheld in part and vacated in part a district court’s affirmance of the bankruptcy court’s sanctions arising from a Chapter 13 debtor’s unauthorized sale of her residence. The debtor, Christine Sugar, sold her home during the pendency of her case without prior court approval as required by Eastern District of North Carolina Local Bankruptcy Rule 4002-1(g)(4) and her confirmed Chapter 13 plan, even though the property was partially exempt

By Ed Boltz, 21 April, 2025

4th Cir.: Carroll Management v. Dun & Bradstreet- Defamation and Credit Reporting

Summary:

By Ed Boltz, 21 April, 2025

Average Property Tax Amount on Single Family Homes Up 2.7 Percent Across U.S. in 2024

Available WITH INTERACTIVE MAPS at:  https://www.attomdata.com/news/market-trends/home-sales-prices/2024-annual-tax-report

Summary:
ATTOM released its 2024 Property Tax Analysis for 85.7 million U.S. single-family homes which shows that $357.5 billion in property taxes were levied on single-family homes in 2024, down 1.6 percent from 2023.

By Ed Boltz, 21 April, 2025

E.D.N.C.: Macedon v. North Carolina- Dismissal of Sovereign Citizen Action Challenging Foreclosure

Summary:

In this foreclosure-related action, the district court  dismissed with prejudice a pro se complaint challenging a completed non-judicial foreclosure under a mélange of constitutional, statutory, and sovereignty-based theories.      

By Ed Boltz, 18 April, 2025

4th Cir.: Fluharty v. Philadelphia Indemnity- No Standingor Settlement Control for Trustee in D&O Policy Dispute

Summary:

By Ed Boltz, 18 April, 2025

Bankr. E.D.N.C.: In re Smith- Tax Lien attachment to Tenancy by the Entirety Property in Chapter 13

Summary:

Following the 4th Circuit decision in In re Morgan a Chapter 7 trustee can reach entireties property to pay IRS debt even without a pre-existing tax lien. 

The Trustee's  calculation: 

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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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