Summary:

Bankruptcy exemption planning often walks a fine line between legitimate preparation and avoidable transfer. In In re Albrecht, Judge Pamela W. McAfee of the Bankruptcy Court for the Eastern District of North Carolina addressed where that line falls when a debtor converts jointly owned real property into a tenancy by the entirety shortly before filing bankruptcy.

Summary:

Bankruptcy exemption planning often walks a fine line between legitimate preparation and avoidable transfer. In In re Albrecht, Judge Pamela W. McAfee of the Bankruptcy Court for the Eastern District of North Carolina addressed where that line falls when a debtor converts jointly owned real property into a tenancy by the entirety shortly before filing bankruptcy.

Summary:

Summary:

In a concise but significant jurisdictional ruling, the District Court for the Eastern District of North Carolina vacated a bankruptcy court judgment awarding $28,600 in quantum meruit against a non-debtor homeowner, holding that the bankruptcy court lacked subject matter jurisdiction over the claim.

Summary:

In Mouselli v. Equifax, the Eastern District of North Carolina denied a motion to disqualify plaintiff’s out-of-state counsel who had entered a special appearance under Local Civil Rule 83.1(e), rejecting the argument that the attorney’s North Carolina residence and a stray Chamber of Commerce listing amounted to the unauthorized practice of law.

Summary:

Summary:

In re Clark is not just a means-test case. It is also a reminder that even if a debtor stumbles into Chapter 7 eligibility math, § 707(b)(3) still looms large—and can be dispositive—when the court looks at bad faith and the totality of the circumstances.

Judge Pamela W. McAfee used both tools, methodically and unapologetically.

In re Clark is not just a means-test case. It is also a reminder that even if a debtor stumbles into Chapter 7 eligibility math, § 707(b)(3) still looms large—and can be dispositive—when the court looks at bad faith and the totality of the circumstances.

Judge Pamela W. McAfee used both tools, methodically and unapologetically.