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By Ed Boltz, 21 May, 2021

4th Cir.: Siegel v. Fitzgerald: 2018 U.S. Trustee Fees Upheld and Bankruptcy Administrator System is Constitutional

Summary:

In split decision, the Fourth Circuit (following the similarly split decision from the 5th Circuit) held that the 2018 increase in fees paid by chapter 11 debtors to the U.S. Trustee Program applies to pending cases and violates neither due process nor the "uniform bankruptcy" clause of the U.S. Constitution.

By Ed Boltz, 21 May, 2021

M.D.N.C.: DFWMM Holdings LLC v. Richmond- Reliance on Attorney as Affirmative Defense to Fraudulent Intent

Summary:

By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 10 May, 2021

Law Review: Simon, Lindsey, Bankruptcy Grifters (April 1, 2021). Yale Law Journal

Abstract:

By Ed Boltz, 15 April, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Misapplication of Payments by Mortgage Servicer

Summary:

By Ed Boltz, 15 April, 2021

Law Review: Jonah R. Hall, A Creditor’s Kerfuffle: How the SBRA Harms Creditors in Small Business Cases, 25 N.C. BANKING INST. 595 (2020)

Summary:

By Ed Boltz, 13 April, 2021

N.C. Ct. of App.: Pangea Capital v. Lakian- Property Must be Residence for Homestead Exemption

Summary:

By Ed Boltz, 13 April, 2021

W.D.N.C: Carter v. Capital One- Complying with IRS Levy is not Debt Collection

Summary:

Ms. Carter brought suit against her bank, Capital One, for complying with an IRS levy by taking $1,279.41 from her account, arguing that Capital One had violated the FDCPA. Finding that "an obligation to pay that 'arises solely by operation of law' is not a debt covered by the FDCPA" the district court dismissed the case.

Commentary:

By Ed Boltz, 12 April, 2021

Law Review: Jackson, Howell Edmunds and Mark, Colin, May the Executive Branch Forgive Student Loan Debt Without Further Congressional Action? (April 5, 2021).

Abstract:

By Ed Boltz, 8 April, 2021

Law Review: Daniel, Josiah M. III- “Listserv Lawyering”: Definition and Exploration of Its Utility in Representation of Consumer Debtors in Bankruptcy and in Law Practice Generally, 11 St. Mary's Journal on Legal Malpractice & Ethics 54 (2021).

Abstract:

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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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