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By Ed Boltz, 12 February, 2025

Law Review: Hampson, Christopher, The Spirit of Jubilee (January 17, 2025). University of Florida Levin College of Law Research Paper Forthcoming

Available at:   https://ssrn.com/abstract=5100907

Abstract:

By Ed Boltz, 11 February, 2025

Law Review: Hannah L. Fink, Penalizing Compliance: The Case for Paying Chapter 13 Trustees in the Event of PreConfirmation Dismissal, 41 EMORY BANKR. DEV. J. 105 (2024).

Available at:   https://scholarlycommons.law.emory.edu/ebdj/vol41/iss1/3

Abstract:

By Ed Boltz, 11 February, 2025

4th Cir.: Modern Perfection v. Bank of America- Fourth Order Arbitration Disputes

Summary:

Several small  businesses had entered into two separate agreements with Bank of America—one for deposit accounts (which contained an arbitration clause) and one for Paycheck Protection Program (PPP) loans (which did not). When the businesses sued over handling of the PPP loans by Bank of America,it moved to compel arbitration based on the deposit agreements.

By Ed Boltz, 7 February, 2025

Research Study: Center for Responsible Lending- Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States

Available at:   https://www.responsiblelending.org/research-publication/under-radar-evidence-prohibited-vehicle-title-loans-made-23-states

Executive Summary:

By Ed Boltz, 6 February, 2025

4th Cir.: Alig v. Rocket Mortgage- Concrete Harm required for Class Action Standing

Available at: 

Summary:

The Plaintiffs brought a class action lawsuit against Rocket Mortgage (formerly Quicken Loans) and its affiliate, Amrock, LLC (formerly Title Source, Inc.), regarding mortgage appraisals used in refinancing transactions, alleging  that the defendants influenced home appraisals by transmitting homeowners' estimated property values to appraisers, thereby rendering the appraisals “worthless” and violating West Virginia consumer protection laws.

By Ed Boltz, 4 February, 2025

Law Review: Pang, Belisa and Jiménez, Dalié and Bruckner, Matthew A., Full Discharge Ahead? An Empirical First Look at the New Student Loan Discharge Process in Bankruptcy (December 15, 2024).

Available at: https://ssrn.com/abstract=5081782 or http://dx.doi.org/10.2139/ssrn.5081782

Abstract:

By Ed Boltz, 28 January, 2025

Bankr. E.D.N.C.: In re Steinke- Death of Debtor and Tenancy by the Entireties

Summary:

By Ed Boltz, 27 January, 2025

4th Cir.: Smith v. Devine- Sanctions for Discovery Abuses and W.D.N.C.: Smith v. Payne: Temporary Withdrawal of Reference for Pre-Trial

Background:

BK Racing, LLC filed for Chapter 11 bankruptcy in 2018. Matthew W. Smith, appointed as trustee and later sole manager of the reorganized debtor, initiated adversary proceedings to recover allegedly fraudulent transfers and address related claims.
The complaint included claims such as fraudulent transfers, civil conspiracy, conversion, stay violations, and turnover of property.

By Ed Boltz, 26 January, 2025

E.D.N.C.: Lewis v. Equityexperts.org II- Class

Summary:

The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and state law granting,  in part,  class certification for two classes under Rule 23(a) and (b)(3), but denying certification for a third class.

By Ed Boltz, 9 January, 2025

Law Review: Schwarcz, Steven L., Bankruptcy's Redistributive Policies: Net Value or a "Zero-Sum Game"? (January 01, 2025). Duke Law School Public Law & Legal Theory Series Forthcoming

Available at:  https://ssrn.com/abstract=5079149

Abstract:

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