Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in
By Ed Boltz, 22 May, 2013

N.C. Court of Appeals: Ussery v. BB&T- Statute of Limitations and Equitable Estoppel

Summary: Ussery brought suit against BB&T as a result of a failure to qualify for a government loan, more than six years after a learning of the denial of the loan.
By Ed Boltz, 22 May, 2013

4th Circuit: Noohi v. Toll Brothers- Mutuality of Arbitration Provisions

Summary: In this putative class action, prospective luxury home buyers allege that a real estate development company unlawfully refused to return deposits when the prospective buyers could not obtain mortgage financing. Toll Brothers sought to dismiss or stay pending arbitration, but the district court found the arbitration provision to be unenforceable as it only required buyers, and not Toll Brothers, to submit disputes to arbitration. The Federal Arbitration Act “ is a congressional declaration of a liberal federal policy favoring arbitration agreements”, 9 U.S.C.
By Ed Boltz, 22 May, 2013

4th Circuit: Holliday v. Holliday- Equitable Subrogation of Forged Deed of Trust

Summary: Mrs. Holliday primarily asserted that the refinance documents, on which Mr. Holliday allegedly forged her signature in granting a Deed of Trust to Cambridge Home Capital (Cambridge), were void ab initio and thus ineffective to transfer an interest in the Hollidays’ property. The Deed of Trust was ultimately assigned to BAC Home Loans. (BAC.) The Court of Appeals restated that a “deed obtained through fraud, deceit or trickery is voidable as between the parties thereto, but not as to a bona fide purchaser.
By Ed Boltz, 22 May, 2013

4th Circuit: Community State Bank v. Knox- Arbitration and Aggrieved Parties

Summary: Knox obtained payday loans from loan servicers for Community State Bank (CSB), an out of state-chartered bank, and subsequently brought suit in state court alleging various violations of North Carolina lending and usury laws, as well as unfair and deceptive trade practices. In response, the loan servicers advanced on two fronts- first, the loan servicers sought to have the matters removed to federal court in the Eastern District of North Carolina, arguing that the National Bank Act (NBA) and Federal Deposit Insurance Act (FDIA) completely pre-empted state-law usury
By Ed Boltz, 22 May, 2013

Bankr. E.D.N.C.: Bolton v. Jacobson (In re Province Grande Olde Liberty)- Mandatory Abstention Factors

Summary: Plaintiffs had brought suit against Howard A. Jacobson (“Jacobson”), Envision Sales & Marketing Group LLC (“Envision”), CILPS Acquisition LLC (“CILPS”), and the debtor (collectively “business court defendants”) and it was designated a mandatory complex business case and assigned to the North Carolina Business Court pursuant to N.C. Gen. Stat. § 7A–45.4(b).
By Ed Boltz, 21 May, 2013

Law Review: Cappiello, Brendan- The Price of Inequality and the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act

Abstract: In The Price of Inequality, Nobel Prize winning economist Joseph E. Stiglitz explores the growing problem of wealth inequality in the United States.1 Stiglitz, riding the momentum of the Occupy Wall Street protests and “the 99 percent” political slogan, argues that economic and political factors have worked in concert to increasingly help shift wealth from the middle and lower classes to those at the top of the American socioeconomic ladder.
By Ed Boltz, 20 May, 2013

Bankr. M.D.N.C.: In re Assasepa- Judicial Recusal

Summary: The Debtor sought to have the bankruptcy judge recuse herself, based on an alleged financial interest held by the judge in JP Morgan Chase, a party in an adversary proceeding.
By Ed Boltz, 20 May, 2013

4th Circuit: Branigan v. Davis (In re Davis)- Strip-off of Unsecured Mortgages and Chapter 20

Summary: As an initial matter, the 4th Circuit affirmed, in a published opinion, that pursuant to 11 U.S.C. §§ 506(a) and 1322(b)(2), a junior lien against real estate that serves as the debtor’s principal residence can be stripped-off if there is no equity above the senior lien(s). The Court of Appeals next proceeded to the question of whether a Debtor, who had recently obtained and Chapter 7 discharge and was thus ineligible for a Chapter 13 discharge, could similarly strip-off a junior lien.
By Ed Boltz, 20 May, 2013

Supreme Court: Bullock v. Bank Champagne- Defalcation

Summary: The Supreme Court ruled that “defalcation” as used in 11 U.S.C. § 523(a)(4) requires a culpable state of mind, involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior. For a copy of the opinion, please see: Bullock v. Bank Champagne- Defalcation.pdf
By Ed Boltz, 20 May, 2013

Bankr. M.D.N.C.: Clean Burn Fuels v. Purdue Bioenergy (In re Clean Burn Fuels)- UCC and Delivery of Goods; Parol Evidence Rule

Summary: Clean Burn Fuels (CBF) operated a pant that converted corn supplied by Purdue Bionery (Purdue) into ethanol. The agreement between the parties provided that Purdue would retain ownership of the corn until it was delivered to CBF, defined as the when it passed over a weigh belt, the final stage before the conversion of the corn into ethanol began.

Pagination

  • First page
  • Previous page
  • …
  • Page 66
  • Page 67
  • Page 68
  • Page 69
  • Page 70
  • …
  • Next page
  • Last page
Drupal blog posts

About Us

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.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz