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By Ed Boltz, 7 November, 2011

4th Circuit: Matson v. Alarcon- Date on which Severance Package was Earned for Purposes of Priority under 11 U.S.C. § 507(a)(4)‏

11 U.S.C. § 507(a)(4) places as the 4th priority "allowed unsecured claims, but only to the extent of $10,950 for each individual . . . earned within 180 days before the date of the filing of the petition. . . for (A) wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual." 11 U.S.C.
By Ed Boltz, 7 November, 2011

4th Circuit: Botkin v. Dupont FCU- Lien avoidance does not require Exemption to be Claimed

The Fourth Circuit Court of Appeals held that "the Code plainly provides" that a debtor does not have to actually claim an exemption in order to use Code section 522(f) to avoid a judicial lien that impairs the exemption.
By Ed Boltz, 7 November, 2011

NC Ct. of Appeals: Wachovia v. Davis- Notice of Hearing and Equitable Lien Against Property‏

Real Property was owned by Walter Davis and his wife,  Shelvia Davis, as tenants by the entireties.  Deed of Trust listed "Walter Davis, A Married Man"  as the grantor,  but Shelvia Davis was both present at the closing and had signed and/or initialed several of the documents.
The Court of Appeals held that while Wachovia had failed to provide timely notice of the hearing on a Motion for Summary Judgment,  the Davis's,  who appeared pro se,  had proper notice of the motion itself  and being present at the hearing  had not
By Ed Boltz, 7 November, 2011

4th Circuit: Goldman v. Capital City Mortgage- Definition of "Knowledge" under § 550(b)(1) for Good Faith Defense to Fraudelent Transfer‏

Following Smith v. Mixon, 788 F.2d 229, 232 (4th Cir. 1986),  the 4th Circuit ruled that knowledge,  for purposes of the good faith defense under  § 550(b)(1) to a fraudulent conveyance claim, "does not mean ‘constructive notice.’"   Nor,  however,  does this  actual notice standard, therefore, require actual knowledge of the transfer’s voidability.
By Ed Boltz, 7 November, 2011

About Edward Boltz

Edward C. Boltz is a partner at the Law Offices of John T. Orcutt, P.C., where he has managed the firm’s office in Durham, North Carolina since 1998, representing clients in not only Chapter 13 and Chapter 7 bankruptcies, but also in related consumer rights litigation, including fighting abusive mortgage practices.Mr.

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