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By Ed Boltz, 22 March, 2024

Bankr. W.D.N.C.: Smith v. DeSeveria- Repayment of Short-Term Loans to Insiders was not a Fraudulent Conveyance

Summary:

By Ed Boltz, 21 March, 2024

E.D.N.C.: Lewis v. EquityExperts.org- Excessive Fees illegal under FDCPA

Summary:

After allegedly falling $314  behind on her homeowners association dues,  the HOA  retained EquityExperts.org  to "aggressively" collect and it eventually  ran up costs by an additional $6,035, threatening sale of the property.

By Ed Boltz, 20 March, 2024

M.D.N.C.: Atkinson v. Coats- Law Enforcement Officer involvement in Illegal Self-Help Repossession

Summary:

When Carolina Repo  attempted a self-help repossession of her car,  Atkinson attempted to drive her vehicle away.  Carolina Repo then slid the tow bar under the car to disable it, demanded that she exit it, and called the Harnett County Sheriff's Office.  Deputy Sheriff Godrey  arrived at the scene and directed Atkinson to exit the vehicle so that it could be repossessed.  Intimidated by an armed law enforcement officer,  Atkinson complied and Carolina Repo took the car.

By Ed Boltz, 15 March, 2024

Bankr. W.D.N.C.: In re Best Wall- Bankruptcy Subject Matter Jurisdiction does not require Financial Distress

Summary:

The bankruptcy court found that the lack of financial distress does not deprive  it of subject matter jurisdiction.

By Ed Boltz, 15 March, 2024

N.C. Ct. of App.: Causey v. Southland- Shareholders Cannot Intervene to Insurance Company Liquidation

Summary:

By Ed Boltz, 15 March, 2024

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming)

Abstract:

By Ed Boltz, 14 March, 2024

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Abstract:

By Ed Boltz, 13 March, 2024

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

Summary:

The Longphres  loaned KT Financial $330,000 by two separate promissory notes with 30% interest  and specified “[a]ll accrued interest and unpaid principal” was due one year after the notes were executed.  The notes also allowed the Longphres to collect attorney's fees pursuant to N.C.G.S. § 6-21.2 if KT Financial defaulted.  

Surprise twist-  KT Financial defaulted.

By Ed Boltz, 13 March, 2024

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure

Summary:

By Ed Boltz, 11 March, 2024

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction

There's an argument that Chapter 13 Trustees should, at least in  some plans,  be sending debtors  1098s.  

From the IRS instructions:

________

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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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