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By Ed Boltz, 21 September, 2026

Student Loan: E.D.PA.: Williams v. Drexel University: Withholding a Transcript to Collect Tuition Can Violate the Bankruptcy Stay—and the FDCPA

Summary:

In Williams v. Drexel University, Chief Judge Wendy Beetlestone allowed a former Drexel University student’s claims to proceed based on Drexel’s alleged use of academic records and access restrictions to collect unpaid tuition—including while the student was in a Chapter 13 bankruptcy.

The case is a useful reminder that a university wearing an academic cap does not necessarily stop being a creditor, and withholding a transcript can be debt collection just as surely as sending a collection letter.

By Ed Boltz, 18 September, 2026

E.D.N.C.: ​ Williams v. Atlantic Recovery Solutions: “I Refuse to Pay” Means Stop Texting

In Williams v. Atlantic Recovery Solutions, LLC, No. 5:25-CV-505-BO (E.D.N.C. Sept. 1, 2026), Judge Terrence W. Boyle entered a default judgment against a debt collector that apparently had difficulty understanding the phrase â€śI refuse to pay.”

The consumer received collection texts concerning two separate accounts. Regarding one account, she responded:

“I refuse to pay any debt associated with any and all accounts in your office!”

By Ed Boltz, 14 September, 2026

E.D.N.C.: Vibal v. Data Mortgage: Federal Court Is Not a Second Foreclosure Appeal

Summary:

In Vibal v. Data Mortgage, Judge Terrence W. Boyle dismissed a federal lawsuit challenging a completed North Carolina foreclosure, providing a useful warning about both Rooker-Feldman and how consumer claims should be pleaded following foreclosure.

The homeowner alleged that the defendants lacked authority to foreclose, relied on a fabricated note, and misrepresented their authority. But the Cumberland County Clerk had already authorized foreclosure, the Superior Court affirmed, and the sale occurred.

By Ed Boltz, 2 September, 2026

E.D.N.C.: Seppanen v. Fayetteville Dodge- Frivolous $2 Million Repossession Lawsuit Overlooks Chapter 13 Remedy

Summary:

Jon Anthony Seppanen purchased a vehicle from Fayetteville Dodge under a retail installment contract requiring 72 monthly payments of $988.93, secured by the vehicle and expressly permitting repossession after default. Seppanen nevertheless believed that writing "Pay to the order of JON SEPPANEN, without recourse" on the agreement discharged his obligation to pay.

By Ed Boltz, 30 July, 2026

Bankr. E.D.N.C.: In re Blackbeard's Triple Play- Court Trebles Damages for Post-Petition Hold on Credit Card Receivables

This is the second of three pirate-themed cases I'll be blogging about this week. After beginning with Black Pearl Vision v. G & G Funding, we now turn to Blackbeard's Triple Play. It seems that even the pirates are making appearances in the bankruptcy courts this summer.

By Ed Boltz, 15 July, 2026

E.D.N.C. : Fivehouse v. US Department of Defense- AI Hallucinations Come to the Eastern District of North Carolina: A Warning for Every Lawyer

Summary:

Generative artificial intelligence has now reached the Eastern District of North Carolina in a published sanctions decision, and the resulting opinion should be required reading for every practicing attorney.

By Ed Boltz, 27 May, 2026

Bankr. E.D.N.C.: In re Clark II—Private School Tuition, “Litter Box” Credibility Problems, and the Difficult Reality of “Belt-Tightening” in Chapter 13

Summary:

In , Judge Pamela McAfee denied confirmation of the Clarks’ Chapter 13 plan after concluding that continuing to spend $1,715 per month on private Christian school tuition while proposing to discharge roughly 90% of more than $300,000 in unsecured debt was inconsistent with the good faith requirement of 11 U.S.C. § 1325(a)(3).

By Ed Boltz, 14 May, 2026

E.D.N.C.: Frew v. Emortgage Funding- Pro Se Foreclosure Challenge Dismissed Despite TILA Rescission Arguments

Summary:

In Frew v. EMortgage Funding LLC, the Eastern District of North Carolina dismissed a pro se homeowner’s broad challenge to a residential foreclosure proceeding, rejecting claims under TILA, RESPA, FDCPA, RICO, and North Carolina consumer protection law.

By Ed Boltz, 10 April, 2026

EDNC: Steinke. v Harris ventures- “Effective Date” Means Confirmation — and Post-Petition Events Matter

By Ed Boltz, 3 April, 2026

Bankr. E.D.N.C.: JSmith v. Clancy & Theys: Turnover Is Not a Shortcut for Contract Litigation

Summary:

In JSmith v.  Clancy & Theys, Judge Joseph Callaway addressed a familiar temptation in bankruptcy litigation: trying to convert an ordinary contract dispute into a turnover action under 11 U.S.C. § 542. The court allowed most of the debtor’s claims to proceed—but drew a clear line around turnover.

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