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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.

By Ed Boltz, 20 December, 2024

4th Cir.: Wesker v. Bank of America- Failure to State Claims following Denial of Mortgage Modification Application

Summary:

The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mark and Natasha Wesker’s claims against Bank of America. The Weskers alleged the bank mishandled their application for a modification of their home equity line of credit, leading to financial harm and damage to their credit score.

The Weskers asserted the following claims against Bank of America:

By Ed Boltz, 13 November, 2024

4th Cir.: Williams v. Brooksby- Bid Rigging at Foreclosure Auctions

Summary:

By Ed Boltz, 11 November, 2024

4th Cir.: Universal Life Insurance v. Lindberg- Arbitration Award Affirmed

Summary:

By Ed Boltz, 9 November, 2024

4th Cir.: Paxton v. LVNV- Statute of Limitations for FCRA not Tolled by Fraudulent Concealment

Summary:

By Ed Boltz, 8 November, 2024

4th Cir.: Fernandez v. Rentgrow- Standing for FCRA Violation Requries Evidence that Misleading Information was read and understood

Summary:

By Ed Boltz, 2 November, 2024

4th Cir.: Trantham v. Tate- Nonstandard Chapter 13 Bankruptcy Provisions

Summary:

By Ed Boltz, 3 October, 2024

4th Cir.: Lyons v. PNC II

Summary:

In the case William T. Lyons v. PNC Bank, N.A., the U.S. Court of Appeals for the Fourth Circuit addressed two key issues involving the Truth in Lending Act (TILA) and the Real Estate Settlement Practices Act (RESPA), both related to Home Equity Lines of Credit (HELOCs).
 

By Ed Boltz, 1 October, 2024

4th Cir.: CCWB Asset Investments v. EBC Asset Investment- Distribution Methods in Federal Receivership

Summary:

The case involves a court-appointed receiver tasked with distributing assets recovered from a Ponzi scheme involving over 230 investors who were defrauded by Kevin Merrill, Jay Ledford, and Cameron Jezierski. The appellants, two groups of investors (the Dean Investors and the Connaughton Investors), challenged the district court's approval of the receiver's plan to distribute the recovered assets.

The receiver proposed to use the "Rising Tide" method to distribute funds.  The Rising Tide method:

By Ed Boltz, 30 July, 2024

4th Cir.: David v. King- Former Trustee Has No Authority to Act Following Conversion, Including to Seek Compensation for Professionals

Summary:

Pagination

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