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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. ยง 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 ยง 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:

By Ed Boltz, 12 December, 2021

E.D.N.C.: Taylor v. Logan- Proceeds from Sale of Homestead

Summary:

Ruby Taylor filed a Chapter 13 bankruptcy on May 24, 2019, with a plan confirmed that paid both the mortgage for her home and the payment on her car directly and estimated no dividend to general unsecured creditors, of which the U.S. Department of Education had a claim for $355774.02 or 92% of such claims.

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