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By Ed Boltz, 5 May, 2025

Bankr. W.D.N.C.: Martinez Quality Painting v. Newco-Merchant Cash Advances as Avoidable Transfers

Summary:

By Ed Boltz, 24 April, 2025

Bankr. W.D.N.C.: In re Popp- Dismissal pursuant to § 707(a) for Nondisclosure and Lack of Cooperation

Summary:

By Ed Boltz, 10 April, 2025

Bankr. W.D.N.C.: In rea Peach- Sanctions for Dual Tracked Mortgage Fees

Summary:

By Ed Boltz, 10 April, 2025

Bankr. W.D.N.C.: In rea Peach- Sanctions for Dual Tracked Mortgage Fees

Summary:

By Ed Boltz, 10 April, 2025

Bankr. W.D.N.C.: In rea Peach- Sanctions for Dual Tracked Mortgage Fees

Summary:

By Ed Boltz, 17 March, 2025

WDVA: Goldman Sachs v. Brown- Denial of motion to compel arbitration in Bankruptcy

Summary:

By Ed Boltz, 14 November, 2024

W.D.N.C.: Demons v. VA & Aalaam v. Movement Mortgage- Vapor Money and Mortgages

Summary:

In the first of these two unrelated cases,  Ephraim Demons, representing himself, alleged that his mortgage lender (among others)  committed fraud related to his mortgage based on Demons' belief that he created “money” when signing his mortgage.

Similarly,   Aalaam alleged fraud and claimed his mortgage loan was invalid under the "vapor money" theory, arguing that banks create money by recording promissory notes as assets and therefore loans don’t need repayment. 

By Ed Boltz, 14 November, 2024

W.D.N.C.: Cann v. Bankr of America- Fair Credit Billing Act Dispute Letter

Summary:

By Ed Boltz, 12 November, 2024

Bankr. W.D.N.C.: In re Gabriel Custom Homes

Summary:

Trident, the Debtor’s main creditor, argued that the  bankruptcy filings were part of a “scheme to delay, hinder, or defraud creditors,” as outlined in Section 362(d)(4) of the Bankruptcy Code, due to multiple bankruptcy filings affecting the same property. However, the court found that Trident did not present sufficient evidence to prove this claim.

By Ed Boltz, 11 November, 2024

W.D.N.C.: Herlihy v. DBMP- Relief from the Automatic Stay Requires both Bad Faith and Objective Futility

Summary:

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