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4th Circuit Court of Appeals

By Ed Boltz, 11 July, 2019

4th Circuit: Williams v. Big Picture Loans: Tribal Sovereignty and Internet Pay-Day Loans

Commentary:

The facts and legal interpretations in this case, where the 4th Circuit found that the business structure of Big Picture Loans was protected by the tribal sovereign immunity of the Lac Vieux Desert Band of the Lake Superior Chippewa Indians, are not particularly pertinent to bankruptcy or consumer rights issues that are the focus of this blog.

By Ed Boltz, 13 February, 2019

4th Circuit- Virginia v. Webb: Disposition of Chapter 13 Funds following Dismissal

Summary:

The Virginia Department of Social Services, Division of Child Support Enforcement, sought to obtain post-petition funds held by the Trustee following the dismissal of Mr. Webb’s unconfirmed Chapter 13 case to apply against his delinquent child support.

By Ed Boltz, 9 October, 2018

4th Circuit: Richardson v. Shapiro & Brown- Res Judicata Inapplicable

Summary: 
In apparent connection with a foreclosure,  Richardson, acting pro se, brought and FDCPA suit for failure to adequately verify debts under 15 U.S.C.  § 1692(g) against Shapiro & Brown, Nationstar Mortgage and Rushmore Loan Management.  In a very terse one-page memorandum opinion, the district court dismissed the case due to res judicata and the statute of limitations.  It can be surmised  only from the brief filed by Nationstar at the district court with its Motion to Dismiss, that Richardson had previously raised FDCPA claims in an at
By Ed Boltz, 12 April, 2018

4th Circuit: Janvey v. Romero- 11 U.S.C. § 707(a) Bad Faith

Summary: Ralph Janvey, as the receiver in a Ponzi scheme litigation against Stanford Financial Group (“SFG”), sought and, following trial, obtained a judgment against Peter Romero for $1.275 million related to fees and profits Romero had earned from SFG. Romero then filed Chapter 7 and Janvey sought dismissal for cause pursuant to 11 U.S.C. § 707(a).
By Ed Boltz, 8 September, 2017

4th Circuit: Jones v. College of Southern Maryland- Only Chapter 7 Trustee Has Standing in Non-exempt Personal Injury Case

Summary: Ms. Jones brought suit against the College of Southern Maryland under the Family and Medical Leave Act and subsequently filed a Chapter 7 bankruptcy petition, eventually listing the lawsuit as an asset in her schedules. The Trustee then settled the lawsuit with the College of Southern Maryland for $75,000, with $25,000 to the attorney, as she was the only party having standing to pursue the claim. Ms.
By Ed Boltz, 27 August, 2017

4th Circuit: Rusnack v. Cardinal Bank, N.A.- Recoupment and Statutes of Limitation

Summary: Mr. Rusnack and his then-wife, opened a home equity line of credit (HELOC) with Cardinal Bank in August 2003. Between 2003 and 2006, the Rusnacks periodically drew on the HELOC using checks issued by Cardinal Bank. On June 22, 2006, shortly after the Rusnacks separated, Mr. Rusnack directed Cardinal Bank in writing to freeze further advances from the HELOC and Cardinal Bank acknowledge such freeze. Despite this, Cardinal Bank honored two checks each in the amount of $10,000 from Ms. Rusnack on July 26, 2006, and September 12, 2006.
By Ed Boltz, 27 August, 2017

4th Circuit: Daughtery v.  Ocwen Loan Servicing- Evidence and Excessive Damages for FCRA Violations4th Circuit: Daughtery v.  Ocwen Loan Servicing- Evidence and Excessive Damages for FCRA Violations

Summary: The Daughterys purchased their home in 1999, with a 15-year balloon note payable in July 2014 in the amount of $82,666.36.  In 2012, the Daughterys had fallen $6,128.39 behind on the regular payments and Ocwen, who had become the mortgage servicer after the first default by the Daughterys, commenced foreclosure, reporting accurately the delinquency and foreclosure proceeding.
By Ed Boltz, 2 August, 2017

4th Cir.: Trapp v. SunTrust Bank - Spokeo and ECOA

Summary: SunTrust denied the application for credit to purchase a boat made by the Trapps due to issues with Mr. Trapp’s Social Security number being linked to a deceased person. The Trapps brought suit under the Equal Credit Opportunity Act (ECOA), 15 U.S.C.A.
By Ed Boltz, 14 July, 2017

4th Circuit: Burwick v. Pilkerton- Admissions trump Interrogatories

Summary: Ms. Burwick denied certain allegations in her answers to Interrogatories but her response to a set of Admissions, sent pursuant to Rule 36, with similar questions was fourteen (14) days late.
By Ed Boltz, 31 May, 2017

4th Circuit: In re Jackson - Debtor is Entitled to the Full Means Test Deduction under National or Local Standard

Summary: The Bankruptcy Administrator moved to dismiss the Debtors case arguing that on the Means Test they were limited to deduction of the lesser of either the actual mortgage and vehicle expenses or the amounts under the applicable National or Local standard. In affirming denial of this motion by the the bankruptcy court, the Court of Appeals held that based on the plan language of 11 U.S.C. § 707(b)(2)(A)(ii)(I) “[t]he debtor’s monthly expenses shall be the debtor’s applicable monthly expense amounts specified under the National Standards and Local Standards.” 11 U.S.C.

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