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By Ed Boltz, 5 February, 2019

E.D.N.C.: Bank of America v. McCowan- Revocation of Abandonment Improper

Summary:

After filing Ch.  11,  during which case Bank of America filed a Proof of Claim asserting that it was secured by a Deed of Trust owned by Mr.  McGowan and occupied by his then minor daughter, McGowan converted to Ch. 7, received a discharge and the real property was abandoned.

By Ed Boltz, 5 February, 2019

E.D.N.C.: In re Broughton- Modification of Trust by Bankruptcy Trustee

Summary:

Ms.  Broughton,  a persistent and likely pernicious debtor and appellant,  filed a Chapter 13 bankruptcy proposing to sell for the benefit of her secured creditors the real property she claimed to own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.”  When this plan was rejected, her case was converted to Chapter 7.  The Trustee subsequently obtained an order to sell the property free and clear of liens, but by then Ms.  Broughton opposed such sale,

By Ed Boltz, 9 October, 2018

W.D.N.C.: Hinkle v. Experian Information Systems & E.D.N.C.: Danehy v. Transunion- Motion to Dismiss FCRA Complaint for Failure to Provide Consumer File

Summary:
In two nearly identical cases, pro se consumers brought suit pursuant to 15 U.S.C.  § 1681g(a)(1),  alleging that Experian Information Systems (“EIS”)and/or Transunion were credit reporting agencies under the Fair Credit Reporting Act and that both had, despite specific requests, only provided copies of their credit report and not their entire credit file, based on a belief that information regarding credit reporting hacks and identify disclosures were contain in the more complete file.  In both cases the defendants brought M
By Ed Boltz, 4 October, 2018

M.D.N.C.: Koepplinger v. Seterus- FDCPA Violation for Threat to Accelerate Mortgage

Summary:
Koepplinger, as a putative class representative, alleged that Seterus would send North Carolina residents who were more than 45 day delinquent on mortgage payments its “NC Final Letter”, which stated, in pertinent part, that:
“If full payment of the default amount is not received by us . . .
By Ed Boltz, 9 January, 2018

E.D.N.C.: In re Hurlburt- Anti-Deficiency Mortgage Statute does not Circumvent Anti-Modification Provisions

Summary: After direct appeal to the 4th Circuit was declined, the district court affirmed the opinion of the bankruptcy court in Hurlburt that the anti-deficiency statute of N.C.G.S. § 45-21.28 does not allow debtors to circumvent the anti-modification provisions of 11 U.S.C. § 1322(b)(2) and (c)(2), with Witt v. United Companies Lending Corp. (In Re Witt), 113 F.3d 508 (4th Cir.
By Ed Boltz, 30 November, 2017

E.D.N.C.: Summitbridge v. Faison- No Unsecured Claim for Attorneys Fees for Under Secured Creditor

Summary: In a Chapter 11 case, Summitbridge held a secured (but under secured) claim, which was satisfied, pursuant to the confirmation order, by tender of the collateral. Summitbridge then filed an additional unsecured, nonpriority claim for it attorneys fees, pursuant to its promissory note, in the amount of 15% of the outstanding indebtness, totaling more than $300,000.
By Ed Boltz, 26 November, 2017

E.D.N.C.: Spoor v. Barth- Denial of Sanctions and Vexatious Multiplication of Litigation

Summary: Mr. Barth commenced an adversary proceeding seeking a declaratory judgment that various state court actions by Mr. Spoor could have been brought by the bankruptcy trustee, who had previously signed a release of such actions, and that Mr. Spoor should be required to dismiss those actions. The bankruptcy court instead dismissed Mr. Barth’s adversary proceeding on the grounds that such relief was prohibited by the Anti-Injunction Act, 28 U.S.C. § 2283. The bankruptcy court declined, however, to award the sanctions sought by Mr.
By Ed Boltz, 22 November, 2017

W.D.N.C.: Morgen v.  Student Loan Finance Corporation- Forum Selection ClauseW.D.N.C.: Morgen v.  Student Loan Finance Corporation- Forum Selection Clause

Summary: Ms.  Morgen brought suit alleging violations of the Fair Credit Reporting Act and Student Loan Finance (“SLF”) moved for a change of venue to South Dakota based on a forum selection clause in the contract. Ms.  Morgen’s initial objection that the loan applications and promissory notes proffered by SLF  had no affidavits from record keepers   denied as the court held that such would be precluded as evidence in a consideration of a motion for summary judgment, but, in part because “there is no plausible contention that these documents are inaut
By Ed Boltz, 22 November, 2017

E.D.N.C.: In re Clark- In Rem Relief; Stay Pending Appeal

Summary: The bankruptcy court granted the Motion for in rem relief sought by Wells Fargo pursuant to 11 U.S.C. § 362(d)(4), as to Mr. Clark and his wife, further barring Mr. Clark from filing any bankruptcy in the Eastern District of North Carolina for one year. In denying the Mr. Clark’s motion for stay pending appeal and for a writ of supersedes, the district denied such finding the Mr. Clark had not made a clear showing that he had a likelihood of success in the appeal and agreeing with the bankruptcy court that Mr.
By Ed Boltz, 16 November, 2017

E.D.N.C.: Myrick v.  Equifax- Duty to Investigate Credit Report Dispute and Bankruptcy Discharge

Summary: Mr.  Myrick brought suit against Equifax under the FCRA for willfully failing to verify the discharge of a debt in his Chapter 7 bankruptcy.   In light of Daughterty v.  Ocwen Loan Servicing, the district court reconsidered its

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