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Middle District

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.- Angell v. Tarlton Polk (In re Ewert)- Avoidable Transfers

Summary:

The Trustee sought to avoid two transfers, in the total amount of $30,000, made by the Debtor from his wholly owned corporation to Michael Campbell.

The only issue in the avoidance action was whether the Debtor received less than equivalent value for the transfers. The Trustee asserted these were gifts and the Debtor that they were loans. The Trustee brought a Motion for Summary Judgment.

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.: Swink v. Fannie Mae- Actual Damages Sufficient for §524(i), RESPA and FDCPA Claims

Summary:

By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.: In re Gifford- Severed Tenancy by the Entireties did not become asset of the Estate

Summary:

Christopher Gifford and Shana Gifford owned real property as tenants by the entireties. On April 1, 2019, they separated and Christopher filed a complaint for Equitable Distribution. While that was still pending, on August 7, 2020, Christopher filed a Chapter 7, claiming the real property as exempt as tenancy by the entireties.

By Ed Boltz, 13 December, 2021

Bankr. M.D.N.C.: In re Butler- Lost Wages from Sexual Harassment Claim Not Exempt

Summary:

Prior to filing bankruptcy, Ms. Butler filed a charge with the EEOC alleging that she was subjected to sexual harassment and then wrongfully terminated by Home Depot. A settlement was reached with required Home Depot to pay the total sum of $15,000 to Ms. Butler, with $7,500 of such funds directed “as payment for claims for lost wages” and the remaining $7,500 devoted “as payment for ... non-wage claims (including claims of emotional distress).”

By Ed Boltz, 12 December, 2021

M.D.N.C.: Strange v. Select Mgmt. Res.- Consumers Demand for Arbitration

Summary:

By Ed Boltz, 11 December, 2021

M.D.N.C.: Thomas v. Equifax Information Services, L.L.C.- Causal Nexus for FCRA Action

Summary:

By Ed Boltz, 11 December, 2021

Bankr. M.D.N.C.: In re Skwara- Disallowance of Private Student Loans due to Statute of Limitations

Summary:

By Ed Boltz, 3 December, 2021

M.D.N.C.: In re Wellington- Excusable Neglect in Late Filed Claim

Summary:

By Ed Boltz, 3 December, 2021

Bankr. M.D.N.C.: In re Wellington- Disallowance of Late Filed Claim

Summary:

By Ed Boltz, 3 December, 2021

Bankr. M.D.N.C.: Portuesi v. BONY- Res Judicata and State Court Foreclosure

Summary:

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Middle District

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