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By Ed Boltz, 17 September, 2025

E.D.N.C.: Lewis v. Equity Experts IV- Court Approves Opt-Out Class Notice and Neutral Class Website

Summary:

By Ed Boltz, 12 September, 2025

Bankr. E.D.N.C.: In re Sugar- Discharge Allowed After Reliance on Counsel Mitigates Sanctions

Summary

Judge Warren’s most recent opinion in In re Sugar (Bankr. E.D.N.C. Aug. 15, 2025) follows remand from both the U.S. District Court and the Fourth Circuit Court of Appeals. The case began with the dismissal of Christine Sugar’s Chapter 13 in 2023, coupled with a five-year nationwide bar on refiling, after she sold her residence without prior court approval in violation of E.D.N.C. Local Bankruptcy Rule 4002-1(g)(4).

By Ed Boltz, 3 September, 2025

Bankr. E.D.N.C.- JSmith v. IRS- Bankruptcy Court Determination of Eligibility for ERC

Summary:

By Ed Boltz, 31 July, 2025

E.D.N.C.: Bland v. Carolina Lease Management- Preliminary Approval of Class Action Settlement against "Rent-A-Shed" Companies

Summary:

Judge Terrence W. Boyle of the Eastern District of North Carolina granted preliminary approval of a proposed class action settlement in a consumer protection case brought against Carolina Lease Management Group, LLC and CTH Rentals, LLC (but notably not Old Hickory Buildings, LLC, which remains a non-settling defendant).

By Ed Boltz, 11 July, 2025

Bankr. E.D.N.C: In re Ross-DeSantos- Homestead Exemption Allowed for Real Property Located outside of North Carolina

Summary:

Judge Pamela McAfee overruled a Chapter 7 trustee’s objection to a North Carolina debtor’s homestead exemption claimed in real estate located not in Wake County, but in Corentyne Berbice, Guyana. The case highlights two recurring issues in exemption law: 

(1) whether a spouse living abroad may qualify as a “dependent” for purposes of N.C.G.S. § 1C-1601(a)(1), and 

By Ed Boltz, 9 July, 2025

Bankr. E.D.N.C.- In re JSmith- Arbitration in Bankruptcy

Summary:

In this post-confirmation Chapter 11 dispute, the Bankruptcy Court for the Eastern District of North Carolina granted a motion by Fourth Elm Construction, LLC to compel arbitration and stay the adversary proceeding brought by the debtor, JSmith Civil, LLC. The adversary complaint asserted state-law claims for breach of contract and quantum meruit arising from a terminated subcontracting agreement. Fourth Elm relied on the contract’s Article 24 arbitration clause, invoking Section 3 of the Federal Arbitration Act (FAA).

By Ed Boltz, 2 July, 2025

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory

Summary:

By Ed Boltz, 4 June, 2025

E.D.N.C.: Lewis v. EquityExperts PART III- Amendment of Complaint for Class Action Against HOA Agent

Summary:

Judge Louise Flanagan ruled on two key post-certification motions in this putative class action concerning alleged abusive debt collection practices targeting North Carolina homeowners’ associations (HOAs).

By Ed Boltz, 28 May, 2025

Bankr. E.D.N.C.: Williams Land Clearing, Grading, and Timber Logger v. Apex Funding Source, LLC et al- Merchant Cash Advances are Usurious Loans

Summary:

In this extensive Chapter 11 adversary proceeding, the Bankruptcy Court for the Eastern District of North Carolina ruled on cross-motions for summary judgment concerning a Merchant Cash Advance (MCA) agreement between the debtor, Williams Land Clearing, and Apex Funding Source. The court held that the MCA was a loan, not a true sale, and that it was criminally usurious under New York law with an effective interest rate of 101.1% per annum. As such, the MCA agreement was void ab initio.

By Ed Boltz, 16 May, 2025

Bankr. E.D.N.C.- In re Dawson- Valuation of a Mobile Home

Summary:

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