Summary: Fritz closed his account with Duke Energy when he moved, but was one week late in paying the final bill, so it was referred to a debt collector. He did pay the balance to Duke Energy, who applied the amount to the balance on his new utility bill. The debt collector was not informed of the payment and two months later, reported Fritz as delinquent to the three major credit bureaus, resulting in a 77 point decline in his credit score. Fritz brought suit against Duke Energy (as well as the debt collector under other bases) under N.C.G.S.
North Carolina District Court Cases
Summary: Prior to filing bankruptcy, the Meabons first consulted with an attorney who informed them that they would need to disclose, as an asset in his bankruptcy schedules, Richard Meabon’s interest in a trust. As a result of the first attorney’s advice, the Meabons chose to file with another attorney, to whom they did not disclose the existence of the trust. After filing Chapter 7 without disclosure of the trust either in their petition or at the §341 Meeting of Creditors, the deadline to object to discharge passed on June 1, 2010.
Summary: In the bankruptcy of Garlock Sealing Technology, allegations were raised that national counsel for mesothelioma victims had engaged in fraud, deceit, and other activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, in settling their clients’ claims. After the bankruptcy judge ordered the hearing closed, Legal Newsline filed an emergency motion to keep the hearing at which these issues were raised open to the media and the public. Following Media General Operations, Inc. v.
Summary: In February of 2006, the Coopers granted a Deed of Trust for a home equity line to First Bank. Later, in December of 2006, the Coopers refinanced their home with a Deed of Trust, currently held by Homeward, paying of the equity line to First Bank. The closing attorney at that time requested that First Bank terminate the home equity line, but First Bank instead allowed the Coopers to draw an additional $87,598 before they ultimately filed Chapter 13.
Summary: Nina Owens purchased an automobile from Dixie Motors in 2007, providing information including her home address, date of birth, social security number, phone number, insurance agent, insurance company, employment information, monthly mortgage payment. Ashley Owens, the daughter of Nina Owens, considered purchasing a vehicle from Dixie Motors in 2011, supplying similar credit information and personal identifiers.
Summary: The first §341 Meeting of Creditors was conducted on May 14, 2012, but not concluded. The Trustee and Bankruptcy Administrator were granted an extension of time to file an objection to Jenkins' discharge until "sixty (60) days after the meeting of creditors pursuant to 11 U.S.C. § 341 has been adjourned." After finding Jenkins in contempt for failing to respond to email requests to set a new date, a second creditors meeting was eventually held on July 19, 2012, but was not concluded, only adjourned, without objection.
Summary: Dillon, a North Carolina resident, obtained five loans over the internet from lenders based offshore or on Indian reservations (“internet lenders”) with interest rates ranging from 139% to over 700% and, in some cases, thousands of dollars in finance charges. Mr. Dillon asserted that these loans violated North Carolina’s usury statute and various other state laws.