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Eastern District

By Ed Boltz, 3 September, 2020

In re Valdivia- Student Loans As Consumer Debts under 11 USC 707(b)

Summary:

The Debtor, a nurse practitioner, had total unsecured debt in the amount of $370,574.97, of which ~$320,000 was for student loans, consisting of ~$27,000 of Parent Plus Loans and $289,000 of her own student loans. These student loans were incurred while obtaining her degrees and certifications as a nurse practitioner.

By Ed Boltz, 6 August, 2019

Bankr. E.D.N.C: In re Suggs- Ex-Spouse as Dependent for Homestead Exemption

Summary:

By Ed Boltz, 21 July, 2019

Bankr. E.D.N.C.: In re Collins- No Informal Assumption of Lease

Summary:

By Ed Boltz, 21 July, 2019

Bankr. E.D.N.C.: Thomas v. Thomas- Indemnification and § 523(a)(15)

Summary:

By Ed Boltz, 21 July, 2019

Bankr. E.D.N.C.: In re Parker- Pre-Petition Interest not Unconscionable

Summary:

By Ed Boltz, 30 May, 2019

North Carolina Mortgage Loss Mitigation Management Program

https://www.youtube.com/watch?v=dx5prGVRdJs&feature=youtu.be

After several years in development by the North Carolina Bar Association Bankruptcy Section,

By Ed Boltz, 28 May, 2019

Bankr. E.D.N.C- In re Thompson-Massie: Rejection of Executory Contracts through Chapter 13 Plan; Challenge to Local Opt-Out Plan

Summary:

By Ed Boltz, 13 February, 2019

E.D.N.C- U.S. v. Boykin: Vacatur of Lower Court Order as Moot: ACA Claim as Penalty or Tax

Summary:

During Ms. Boykin’s Chapter 13 case, the bankruptcy court held that the claim by the United States arising under the Affordable Care Act ("Obamacare") out of her failure to obtain health insurance was a non-priority penalty and not a tax.  While this appeal by the government was pending, Ms. Boykin voluntarily converted her case to Chapter 7, in which all parties agreed there would be no insufficient assets for any distribution to creditors.

By Ed Boltz, 5 February, 2019

Bankr. E.D.N.C.: In re Dev- Termination of the Automatic Stay

Summary:

Mrs. Dev had filed three bankruptcy cases, with the second dismissed on September 12, 2017, and the third filed on February 13, 2018, for the purpose, among others, of stopping the foreclosure of her home by Coastal Federal Credit Union. CFCU brought a Motion for Relief arguing that it lacked adequate protection, that the plan was filed in bad faith, was abusive, and part of a scheme to delay, hinder and defraud CFCU. It sought in rem relief for two years. Ms.

By Ed Boltz, 5 February, 2019

E.D.N.C.: Tyler v. Wells Fargo- Order Granting Motion for Relief is the Law of the Case

Summary:

Mr. Tyler obtained a mortgage against his home and eventually fell delinquent and faced foreclosure proceedings. Mr. Tyler then filed a pro se Chapter 7 bankruptcy and commenced an adversary proceeding challenging the foreclosure on host of the usual grounds.

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Eastern District

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