Summary: The former officers of EBW Laser, Inc., which has been the subject of a fair bit of litigation in its bankruptcy in the Middle District of North Carolina, brought a complaint against the Chapter 7 Trustee’s law firm and several individual attorneys at the law firm, as well as the accountant for EBW Laser, as they allegedly improperly obtained the officers’ tax return in an attempt to show preferential transfers and/or fraudulent conveyances.  The case was originally brought in state court, but then removed by the Defendants to federal district court, where, foll

Summary: Prior to the filing by Circuit City of a Chapter 11  bankruptcy, Gentry commenced a class action lawsuit against Circuit City, but the class certification was pending at the time the bankruptcy was commenced.  (Three other Named Claimants/Appellants were similarly situated with undecided class certifications.)  The Named Claimants then filed Proof of Claim on behalf of themselves and  "all those similarly situated."  Circuit City and the Trustee objected to these claims on the basis that the Named Claimants had failed to seek authorization fr

Summary: Providence Dane sued Boosahda in state court for $22,000.00 on a credit card debt assigned to Providence Dane from Chase and First USA.  Boosahda counterclaimed for violations of TILA.  After testifying at trial that he did not have any recollection of using or having a Chase or Fist USA credit card, Providence Dane attempted to have a paralegal testify that Providence Dane had obtained  credit card statements showing Boosahda was liable for this debt, but such testimony was excluded as hearsay and the complaint of Providence Dane was dismissed. 

Summary: Ms.  Carson appealed the district court’s order compelling arbitration.  The Court of Appeals held that the first step in determining if a dispute is subject to arbitration is determining whether the parties agreed to arbitration.   Finding that Ms.  Carson "affirmatively checked the box indicating that she agreed" to arbitration, the court then turned to whether such arbitration requirement was unenforceable due to unconscionability.  As Ms.  Carson had willing applied for services from Lending Tree, had indicated that she had read

Summary: Ms.  Strong was denied Social Security disability benefits by an administrative law judge and appealed to the District Court, which remanded the case finding that the denial was not supported by substantial evidence.  The District Court, however, denied Ms.  Strong’s request for attorneys fees and costs pursuant to the Equal Access to Justice Act ("EAJA") at 28 U.S.C.

Summary:

Mrs.  Warren’s husband died, owing a debt on a credit card to BB&T.  Despite the credit card only being in the deceased husband’s name, BB&T, through its attorneys, Sessoms & Rogers, attempted on numerous occasions to collect the debt from Mrs.  Warren.

Summary: In a property dispute between a sister, Ms.  Lee, and her brother, Mr.  Anasti, over real estate in South Carolina, Ms.  Lee sought to assert superior title to Mr.  Anasti though adverse possession.  This matter was first commenced in South Carolina state court, but when Ms.  Lee filed Chapter 7, later converting to Chapter 13,  and brought an adversary proceeding asserting both adverse possession and seeking to avoid any interest Mr.  Anasti had pursuant to 11 U.S.C.

Summary: The Debtors refinanced their home original Sun Trust mortgage again with Sun Trust, which provided the Model Form H-8 "Notice of Right to Cancel", which is used for closed-end secured consumer credit transactions.  In fact it should have used Model Form H-9, which applies in a refinancing rather than new extension of credit.  Form H-9 differs from  Form H-8 in two ways- First, instead of Form H-8’s disclosure that the borrower is "entering into a transaction that will result in a security interest in your  home," Form H-9 provides that "[y]ou are

Summary: National Heritage Foundation, Inc.  ("NHF") filed a Chapter 11 reorganization including provisions in its plan that prevented claim not only against NHF, but also its officers, directors and employees (among others), for acts or omissions arising prior to the reorganization.  The bankruptcy court affirmed these release provisions, finding that these release provisions were "essential" to the reorganization. On appeal, Berhman contended that the plan was not proposed in good faith and was "a sham perpetrated by NHF’s officers and directors to secure immunit

Summary: The Debtors filed a Chapter 13 bankruptcy in 2008.  Following a Motion to convert or dismiss the case filed by the Chapter 13 Trustee, the Debtors voluntarily converted to Chapter 7.  The U.S. Trustee sought dismissal of the case pursuant to 11 U.S.C.