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By Ed Boltz, 21 April, 2025

4th Cir.: Sugar & Saser v. Burnett- Reliance on Legal Advice as Defense and Vesting of Assets in the Debtor does not preclude subsequent modification due to appreciation

Summary:

 In  Sugar & Sasser v. Burnett, the Fourth Circuit upheld in part and vacated in part a district court’s affirmance of the bankruptcy court’s sanctions arising from a Chapter 13 debtor’s unauthorized sale of her residence. The debtor, Christine Sugar, sold her home during the pendency of her case without prior court approval as required by Eastern District of North Carolina Local Bankruptcy Rule 4002-1(g)(4) and her confirmed Chapter 13 plan, even though the property was partially exempt

By Ed Boltz, 21 April, 2025

4th Cir.: Carroll Management v. Dun & Bradstreet- Defamation and Credit Reporting

Summary:

By Ed Boltz, 18 April, 2025

4th Cir.: Fluharty v. Philadelphia Indemnity- No Standingor Settlement Control for Trustee in D&O Policy Dispute

Summary:

By Ed Boltz, 4 April, 2025

4th Cir.: Koontz v. SN Servicing- FDCPA applies to debts discharged in bankruptcy

Summary:

By Ed Boltz, 25 February, 2025

[NC NACBA} 4th Cir.: Guthrie v. PHH- Bankruptcy Code does not Preempt State Consumer Protection Claims

Summary:

By Ed Boltz, 21 February, 2025

4th Cir.: LeClair v. Tavener- Withdrawal as Partner Prior to Bankruptcy

Summary:

The Fourth Circuit vacated and remanded a bankruptcy court ruling that had held Gary D. LeClair, a founding member of the now-defunct law firm LeClairRyan PLLC, liable for tax obligations due to his status as a firm member at the time of its bankruptcy filing.

By Ed Boltz, 18 February, 2025

4th Cir.: Espin v. Citibank- Arbitration Required Despite SCRA

Summary:

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, 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, 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.

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