NC Court of Appeals | Your North Carolina Bankruptcy Expert

By Ed Boltz, 30 August, 2024

N.C. Ct. of App.: Myers v. Broome-Edwards- Self-Help Eviction as Unfair and Deceptive Practice

Summary:

The North Carolina Court of Appeals affirmed the trial court's decision, which found that the defendants, Sandra Broome-Edwards and Donald Blair, violated the North Carolina Unfair and Deceptive Practices Act (UDPA) by executing a self-help eviction against the plaintiff, Henry Myers. After multiple eviction actions were dismissed (including one with prejudice), the defendants locked Mr. Myers out of his home and disposed of his belongings, actions the court deemed illegal without judicial process.

By Ed Boltz, 4 June, 2024

N.C. Ct. of App.: In re White Oak Missionary Baptist Church- No Appointment of Receiver

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By Ed Boltz, 29 May, 2024

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

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By Ed Boltz, 15 April, 2024

N.C. Ct. of App.: Dan King Plumbing v. Harrison- New Jury Trial following Appellate Remand

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By Ed Boltz, 23 March, 2024

N.C. Ct. of App.: Smith Debnam v. Muntjan- Statute of Frauds

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By Ed Boltz, 15 March, 2024

N.C. Ct. of App.: Causey v. Southland- Shareholders Cannot Intervene to Insurance Company Liquidation

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By Ed Boltz, 13 March, 2024

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

Summary:

The Longphres loaned KT Financial $330,000 by two separate promissory notes with 30% interest and specified “[a]ll accrued interest and unpaid principal” was due one year after the notes were executed. The notes also allowed the Longphres to collect attorney's fees pursuant to N.C.G.S. § 6-21.2 if KT Financial defaulted.

Surprise twist- KT Financial defaulted.

By Ed Boltz, 13 March, 2024