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By Ed Boltz, 24 September, 2025

Bankr. W.D.N.C.- In re Gilbert- Sua Sponte Dismissal Hearing for Third Filing, Despite no Automatic Stay

Summary and Commentary (In re Gilbert, W.D.N.C. 2025)

Russell Wade Gilbert filed his third Chapter 13 case in just over fourteen months, all pro se and without an attorney. His first case (June 2024) was dismissed for failure to propose a feasible plan, make initial payments, and file required tax returns. His second case (November 2024) was dismissed in July 2025 for defaulting on plan payments. Just six weeks later, he filed the present case in August 2025.

By Ed Boltz, 22 September, 2025

Bankr. W.D.N.C.: In re Davis- Private School Educational Expenses for Individualized Educational Program are not a Special Circumstance under Chapter 7 Means Test

Summary:

By Ed Boltz, 18 September, 2025

W.D.N.C.: Ready v. Navient- Court Confirms Student Loan Creditors Must Prove the Validity of Debt

Summary:

Judge Kenneth D. Bell’s denial of Navient’s motion for summary judgment in Ready v. Navient (W.D.N.C. No. 5:24-cv-00050) is a sharp reminder that even student loan creditors must prove the underlying debt. Navient insisted that Ms. Christy Ready had taken out a 1995 consolidation loan through “Citibank (NYS)” which was later rolled into a 2002 consolidation. Ms.

By Ed Boltz, 9 September, 2025

W.D.N.C.: Black v. Brice-Upholds Business Judgment Rule, Rejects Caremark Claim

Summary:

By Ed Boltz, 27 August, 2025

Bankr. W.D.N.C.- In re Sabrina Berry- First Amendment protects against Automatic Stay Violation

Summary:

By Ed Boltz, 26 August, 2025

Bankr. W.D.N.C.: In re Stone/Stone v. MOHELA/Stone v. IRS- Dismissal of Chapter 7, together with SLAP and IRS AP

Summary:

By Ed Boltz, 30 July, 2025

Bankr. W.D.N.C.: In re Buffington- Vehicle Ownership was not Bare Legal Title nor held in a Resulting Trust

Summary:

By Ed Boltz, 25 July, 2025

Bankr. W.D.N.C.: In re Drysdale- Denial of Motion to Entire Seal Pro Se Bankruptcy

Summary:

By Stafford Patterson, 15 July, 2025

Bankr. W.D.Va.: In re Sorrells- Modification of Chapter 13 plan following Inhertitance

Summary:

By Ed Boltz, 19 June, 2025

Bankr. W.D.N.C.: In re Rice- Single Estate Rule Precludes Effort to Avoid 109(g) restriction

Summary:

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