Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
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, 23 January, 2022

W.D.N.C.: In re Bestwall, L.L.C- Injunctive Relief

Summary:

By Ed Boltz, 23 May, 2021

W.D.N.C.: In re Bestwall, L.L.C- Discovery Order is not Final Appealable Order

Summary:

Bestwall sought to have a Personal Injury Questionnaire ("PIQ") sent to all asbestos claimants pursuant to Rule 2004 to which the Claimants Committee objected. The bankruptcy court found that the PIQ created no undue hardship and was consistent with other similar orders and overruled the objection. The Claimants Committee appealed.

By Ed Boltz, 27 January, 2021

E.D.N.C.- Conway v. Palczuk: Interlocutory Appeal of Order finding Discharge Violation

Summary:

By Ed Boltz, 21 July, 2019

W.D.N.C.: Miller v. Tate- Dismissal of Appeal for Failure to Designate Record

Summary:

Chris Miller, appearing pro se, appealed a ruling from the bankruptcy court but failed to file a designation of items from the bankruptcy docket for inclusion on the appellate record. After explicitly providing Mr. Miller 30 additional days to file the designation the court held that before dismissing an appeal pursuant to Rule 8003(a)(2), least one of the following steps must be taken:

By Ed Boltz, 20 December, 2016

M.D.N.C.: In re Washabaugh- Denial of Interlocutory Appeal

Summary: Following the re-opening of Ms. Washabaugh’s Chapter 7, the Bankruptcy Administrator sought revocation of her discharge. Ms. ’s motion to dismiss that complaint, alleging that the Bankruptcy Administrator lacked standing for such action, was denied by the bankruptcy court and Ms. Washabaugh sought leave to bring an interlocutory appeal to the district court. The district court began with 28 U.S.C.
By Ed Boltz, 8 September, 2016

E.D.N.C.: Engell v. Sheetz - Appeal of Discharge or Dischargeability

Summary: Mr. Sheetz filed a Chapter 7 bankruptcy on June 1, 2015, listing, among other creditors, Mr. Engell. The last day to oppose a discharge was August 31, 2015. On August 26, 2015, Mr. Engell filed an pleading titled as “Creditor’s Objection to Debtor’s Exemption” (“the objection”), but which, in fact, asserted that judgment held against Mr. Sheetz was nondischargeable due to fraud and unfair and deceptive trade practices. Subsequently, on October 27, 2015, Mr. Engell filed a motion to amend.
By Ed Boltz, 29 July, 2016

N.C. Court of Appeals: In re Foreclosure of Cain- Appeal of Oral Orders and Substitute Trustee Fiduciary Duty to Borrower

Summary: Ms. Cain granted a Deed of Trust against her home securing a mortgage note to Household Realty Corporation (“HRC”), which was first specially endorsed to Household Bank, but HRC later specially endorsed the not to Beal Bank, which, following Cain’s default, appointed Rogers, Townsend & Thomas (“RTT”) as substitute trustee to commence foreclosure. After the Cumberland County Clerk of Court allowed the foreclosure sale to proceed, Cain appealed to Superior Court and sent a Request for Admissions to RTT.
By Ed Boltz, 4 February, 2015

N.C. Court of Appeals: In re Clouse- Requirement for De Novo Foreclosure Hearing

Summary: On October 21, 1998, the Clouses granted a Deed of Trust against their home originally to Homecomings Financial, later assigned to Deutsche Bank and serviced by GMAC. On June 22, 2012, Turnip Investments, following its suit against the Clouses, purchased the property at a judgment execution sale for $1,000.
By Ed Boltz, 9 April, 2014

4th Cir.: In re Bane- Failure to Raise Issues from Bankruptcy Court on Appeal from District Court

Summary: In 2007, Bane’s company, Aequitas-Energy, Inc., purchased fifty acres of land (the Angel Lane Property) in Roanoke County, Virginia, from Bane’s mother, Martha Bane, who was granted at $400,000 mortgage against the property. This mortgage was never recorded and the later mortgage to Community Trust Bank was accordingly superior. Bane, having fallen into default on the Coummunity Trust mortgage and facing foreclosure, had the property transferred into his name and filed bankruptcy in 2010, the day before the foreclosure sale.

Pagination

  • 1
  • Next page
appeal

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz