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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:

By Ed Boltz, 30 September, 2024

W.D.N.C.: Vitalia v. Experian- FCRA Complaint failed to Plead Inaccuracies

Summary:

Papa G. Vitalia filed a complaint against several defendants, including Early Warning Services, LLC (EWS), under the Fair Credit Reporting Act (FCRA). Vitalia alleged that EWS reported inaccurate information on his credit report, after once previously deleting that information, which resulted in him being denied credit from several banks.

EWS filed a motion to dismiss the complaint, arguing that Vitalia did not provide enough factual details to support his claims. Specifically, EWS contended that:

By Ed Boltz, 18 September, 2024

Bankr. W.D.N.C.: In re Hmok- Voluntary Sale Severs Tenancy by the Entireties

Summary:

By Ed Boltz, 15 July, 2024

W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA

Summary:

By Ed Boltz, 12 July, 2024

W.D.N.C.: Crypto Colo Center v. Dei Vitae Enterprises: Withdrawal of Reference to Bankruptcy Court

Summary:

By Ed Boltz, 9 July, 2024

W.D.N.C.: Horne v. Credit Acceptance Corp & Horne v. Experian- Pro Se Silence and FCRA

Summary:

In paired  cases,  Erica Horne  brought  pro se  actions against  Credit Acceptance Corp.,  Experian, Equifax and Transunion under the Fair Credit Reporting Act,  which, as the magistrate held,   "in its entirety contain[ed] the following factual allegation:"

By Ed Boltz, 22 March, 2024

Bankr. W.D.N.C.: Smith v. DeSeveria- Repayment of Short-Term Loans to Insiders was not a Fraudulent Conveyance

Summary:

By Ed Boltz, 15 March, 2024

Bankr. W.D.N.C.: In re Best Wall- Bankruptcy Subject Matter Jurisdiction does not require Financial Distress

Summary:

The bankruptcy court found that the lack of financial distress does not deprive  it of subject matter jurisdiction.

By Ed Boltz, 3 March, 2024

Bankr. W.D.N.C.: In re Kennedy- Reasonable Mortgage Attorney Fee's in Chapter 11

Summary:

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