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By Ed Boltz, 11 April, 2024

E.D.N.C.: In re Fanning- Local Rules regarding Incurring Debt In Chapter 13/ Denial of Direct Appeal

Summary:

The Fannings  sought direct appeal to the 4th Circuit of the bankruptcy court's denial of their motion for authorization to incur debt to purchase a home,  which also sought to abrogate local bankruptcy rules  requiring such  authorization.

By Ed Boltz, 21 March, 2024

E.D.N.C.: Lewis v. EquityExperts.org- Excessive Fees illegal under FDCPA

Summary:

After allegedly falling $314  behind on her homeowners association dues,  the HOA  retained EquityExperts.org  to "aggressively" collect and it eventually  ran up costs by an additional $6,035, threatening sale of the property.

By Ed Boltz, 7 March, 2024

Bankr. E.D.N.C.: Nationwide Recovery Judgment v. Tyndall- Pleading Standards for Allegations of Fraud

Summary:

National Judgment Recovery ("NJR")  brought an action to determine  that the $93,159.71  fraudulent conveyance judgment against Tyndall,  as a "net winner"  in the ZeekRewards  pyramid scheme case,  was nondischargeable under  11 U.S.C. § 523(a)(2)(A) as actual fraud.

By Ed Boltz, 26 February, 2024

Bankr. E.D.N.C.: In re Maynor- Vesting in Chapter 13 and Continued Oversight of Assets

Summary:

By Ed Boltz, 26 February, 2024

Bankr. E.D.N.C.: In re Purdy- Dismissal with Prejudice for Forged Letter

Summary:

By Ed Boltz, 15 February, 2024

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under § 523(a)(2)(A)

Summary:

By Ed Boltz, 23 January, 2022

Bankr. E.D.N.C.: In re Cook- Mortgage Deduction on the Means Test not Capped at IRS Local Standard

Summary:

The Cooks filed a Chapter 13 bankruptcy and, being above median income, were required to calculate their "projected disposable income" using Official Form 122C-2. As their plan provided for the retention of their home and cure and maintenance of the on-going mortgage, they deducted their monthly mortgage payment of $2,233.34 from the Means Test, despite the IRS Local Standard for mortgage expenses being only $1,098.00.

By Ed Boltz, 13 December, 2021

E.D.N.C.: Rouse v. Nutrien AG Solutions, Inc.- Liquidation Test for Hardship Discharge Based on Values at Confirmation

Summary:

Mr. Rouse filed a Chapter 12 bankruptcy in November 2017, with a plan negotiated with his creditors, including Nutrien, being confirmed on May 23, 2017, with general unsecured creditors to receive $50,687.

By Ed Boltz, 12 December, 2021

E.D.N.C.: NewRez, L.L.C. v. Beckhart- Unclear Plan Provisions regarding Mortgage Provided Fair Ground of Doubt to Avoid Sanctions

Summary:

By Ed Boltz, 12 December, 2021

E.D.N.C.: Harris v. Piedmont Finance CNAC- Statute of Limitation for FCRA and Arbitration

Summary:

Pagination

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