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By Ed Boltz, 12 May, 2025

Bankr. E.D.N.C.: B&M Realty v. Elam- Treble Damages of $1.17 Million for Unfair and Deceptive Acts

Summary:

By Ed Boltz, 11 May, 2025

Bankr. E.D.N.C.- In re 255 NORTH FRONT STREET CONDOS, INC.- Single Asset Real Estate Entity

Summary:

By Ed Boltz, 2 May, 2025

E.D.N.C.: Alston v. NCR- Consumer Rights Claims are Not Assignable but are Personal Injury Torts

Summary:

James Alston, claiming to  have been assigned FDCPA claims from a third party (Louis Greene), brought various claims against  National Credit Systems, Inc.  under the Fair Debt Collection Practices Act (FDCPA).   

By Ed Boltz, 30 April, 2025

E.D.N.C.: Goddard v. Burnett- Lack of Good Faith in Chapter 13 Retention of Luxury Vehicles

The District Court affirmed the Bankruptcy Court’s denial of confirmation of Bobby Goddard’s Chapter 13 plan, holding that the plan was not proposed in good faith under 11 U.S.C. § 1325(a)(3), despite the debtor’s full compliance with the means test under § 1325(b).

Goddard, an above-median income debtor and Army veteran suffering from PTSD, proposed a plan in which he would retain three secured vehicles—a Corvette, a GMC Sierra pickup truck, and a Genesis sedan—while making minimal distributions to unsecured creditors.

By Ed Boltz, 21 April, 2025

E.D.N.C.: Macedon v. North Carolina- Dismissal of Sovereign Citizen Action Challenging Foreclosure

Summary:

In this foreclosure-related action, the district court  dismissed with prejudice a pro se complaint challenging a completed non-judicial foreclosure under a mélange of constitutional, statutory, and sovereignty-based theories.      

By Ed Boltz, 18 April, 2025

Bankr. E.D.N.C.: In re Smith- Tax Lien attachment to Tenancy by the Entirety Property in Chapter 13

Summary:

Following the 4th Circuit decision in In re Morgan a Chapter 7 trustee can reach entireties property to pay IRS debt even without a pre-existing tax lien. 

The Trustee's  calculation: 

By Ed Boltz, 17 April, 2025

Bankr. E.D.N.C.: Sliwinski v. Sliwinski- Chapter 13 Debtor cannot Use § 363(h) to force the sale of jointly owned property

Summary:

By Ed Boltz, 9 April, 2025

Bankr. E.D.N.C.: In re Hutsell- Life Insurance Proceeds not Exempt

Summary:

By Ed Boltz, 28 January, 2025

Bankr. E.D.N.C.: In re Steinke- Death of Debtor and Tenancy by the Entireties

Summary:

By Ed Boltz, 26 January, 2025

E.D.N.C.: Lewis v. Equityexperts.org II- Class

Summary:

The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and state law granting,  in part,  class certification for two classes under Rule 23(a) and (b)(3), but denying certification for a third class.

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