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By Ed Boltz, 2 April, 2021

Bankr. M.D.N.C: In re Wellington- Pre-Employment Compensation

Summary:

The Debtor filed an application to employ special counsel on March 4, 2020, which served as the effective date of employment, but special counsel had already performed the bulk of its compensable services prior to that date.

By Ed Boltz, 2 April, 2021

Bankr. M.D.N.C.: In re Jacob- Reaffirmation and Assumption of Lease

Summary:

By Ed Boltz, 6 March, 2021

Bankr. M.D.N.C: In re St. Fleur- Mobile Home is not a Motor Vehicle under Federal Law

Summary:

By Ed Boltz, 6 March, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Authority of Bankruptcy Court to Enter Final Order for Discharge and Stay Violations

Summary:

By Ed Boltz, 19 February, 2021

Bankr. M.D.N.C.: Anderson v. Bennett-Smith- Contructively Fraudulent Transfer and Recovery of Asset by Trustee


Summary:

By Ed Boltz, 21 July, 2019

M.D.N.C.: Carolina Farm Credit v. Shore- Finality of Order Regarding Attorneys’ Fees

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 Sect

By Ed Boltz, 12 February, 2019

Bankr. M.D.N.C.: Evapco, Inc. v. Peterson- Denial of Discharge and Nondischargability for Willful and Malicious Injury; Collateral Estoppel

Summary:

After selling his business to Evapco, Mr. Peterson continued to work for Evapco subject to a non-compete agreement.  Despite this, Mr. Peterson formed other entities which Evapco asserted violated such agreement and defrauded Evapco.  Evapco brought suit in Maryland, with the court there entering a default judgment as a sanction against Mr.

By Ed Boltz, 8 October, 2018

Bankr. M.D.N.C.: In re Randle- Default Judgment for Violation of Automatic Stay

Summary:
The Randles fell behind on their car payments and Saga Auto Sales repossessed the Randles’ 2011 Cadillac Escalade.  Upon payment of $2,100, Saga returned the vehicle on December 2, 2017.  With their next payment due on December 9,   2017, the Randles filed Chapter 13 on December 8, 2017.  Saga again repossessed the vehicle on December 10, 2018, also taking possession of Ms.
By Ed Boltz, 5 October, 2018

Bankr. M.D.N.C: Northen v. MDC- Related to Subject Matter Jurisdiction

Summary:
On remand from the 4th Circuit, where Jason McDonald and MDC first raised the issue of subject matter jurisdiction, the bankruptcy court held that the actual debtor in this case held an ownership interest in MDC, such was, even under the broad “related to” jurisdiction,  insufficient to allow the bankruptcy court to determine what assets were  owned by that corporate entity.  Otherwise:
Under such an expansive interpretation of “related to” jurisdiction, if a debtor owned a single share of a corporation

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