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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:

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.

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