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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:

By Ed Boltz, 29 February, 2024

Bankr. W.D.N.C.: In re BK Racing-

Summary:

By Ed Boltz, 28 February, 2024

Bankr. W.D.N.C.: In re Aldrich Pump

Summary:

The bankruptcy court denied a motion to dismiss two  chapter 11 cases,  which had employed  the infamous 'Texas Two Step"  to address (avoid?  skirt?) liability for asbestos mass torts claims,  holding that :

By Ed Boltz, 25 February, 2024

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

Abstract

 

Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “honest but unfortunate debtor.” Chapter 7 therefore permits a debtor to “discharge their outstanding debts in exchange for liquidating their nonexempt assets and distributing them to their creditors.” Dismissals in chapter 7 are governed by section 707 of the Bankruptcy Code. Section 707(a) governs all chapters of bankruptcy filings and applies when adequate “cause” is shown.

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