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 Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
User account menu
  • Log in

Breadcrumb

  1. Home

arbitration

By Ed Boltz, 12 December, 2021

M.D.N.C.: Strange v. Select Mgmt. Res.- Consumers Demand for Arbitration

Summary:

By Ed Boltz, 15 November, 2017

Law Review: Hermann, Jonathan S.- Restoring Bankruptcy's Fresh Start

Abstract: The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration.
By Ed Boltz, 1 December, 2015

N.C. Ct. of Appeals: TM Construction, Inc. v. Marco Contractors, Inc.- Untimely Demand for Arbitration

Summary: In a dispute between construction contractors, the Court of Appeals affirmed the trial court order denying a demand for arbitration as untimely. Holding normally a trial court should determine the validity of an arbitration agreement (namely that a valid agreement exists and that the dispute is within the scope of the agreement), here the trial court instead found that even assuming arguendo that there was an enforceable arbitration provision, the demand was untimely.
By Ed Boltz, 5 May, 2014

4th Circuit: Santoro v. Accenture Federal Services, L.L.C- No Invalidation of Arbitration for Non-Whistle Blower Claims by Dodd-Frank

Summary: Santoro brought suit against Accenture, alleging violations of the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act (ERISA), and the District of Columbia Human Rights Act.
By Ed Boltz, 5 November, 2013

Bankr. E.D.N.C.: Edward v. Vanderbilt- Mandatory Arbitration of State Law Claims

Summary: The debtor brought adversary proceeding against Vanderbilt and its agent Mr. Gibson, alleging that they had violated N.C.G.S. §§ 75-51 through 54, by making harassing phone calls that caused an employment demotion and loss of pay, mental and emotional distress, panic attacks, and medical expenses and were, under N.C.G.S. § 75-1.1, unfair and deceptive trade practices, subjecting Vanderbilt to treble damages.
By Ed Boltz, 22 May, 2013

4th Circuit: Noohi v. Toll Brothers- Mutuality of Arbitration Provisions

Summary: In this putative class action, prospective luxury home buyers allege that a real estate development company unlawfully refused to return deposits when the prospective buyers could not obtain mortgage financing. Toll Brothers sought to dismiss or stay pending arbitration, but the district court found the arbitration provision to be unenforceable as it only required buyers, and not Toll Brothers, to submit disputes to arbitration. The Federal Arbitration Act ā€œ is a congressional declaration of a liberal federal policy favoring arbitration agreementsā€, 9 U.S.C.
By Ed Boltz, 22 May, 2013

4th Circuit: Community State Bank v. Knox- Arbitration and Aggrieved Parties

Summary: Knox obtained payday loans from loan servicers for Community State Bank (CSB), an out of state-chartered bank, and subsequently brought suit in state court alleging various violations of North Carolina lending and usury laws, as well as unfair and deceptive trade practices. In response, the loan servicers advanced on two fronts- first, the loan servicers sought to have the matters removed to federal court in the Eastern District of North Carolina, arguing that the National Bank Act (NBA) and Federal Deposit Insurance Act (FDIA) completely pre-empted state-law usury
By Ed Boltz, 12 March, 2013

Bankr. E.D.N.C.: In re TP, Inc. - Stay of Arbitration pending Bankruptcy Court Resolution of Related Claims.

Summary: Having previously found that several claims brought by the Debtor against Bank of America were, pursuant to Stern v. Marshall, 131 S. Ct. 2594 (2011), core and subject to bankruptcy court jurisdiction, while others were ā€œstatutorily core, but did not qualify as constitutionally coreā€, the bankruptcy court retained the core issues and referred the non-core claims to arbitration.
By Ed Boltz, 18 January, 2013

4th Circuit: Klein v. Household Realty- Arbitration Rider did not Render Rescission Notice invalid under TILA

Summary: The Court of Appeals held that arbitration rider in mortgage refinance agreement did not render consumer's right to rescind credit transaction unclear or non-conspicuous under TILA. For a copy of the opinion, please see: Klein v. Household Realty- Arbitration Rider did not Render Rescission Notice invalid under TILA.pdf
By Ed Boltz, 7 January, 2013

Bankr. E.D.N.C.: Moses v. Cashcall, Inc.- Arbitration and Bankruptcy Court Jurisdiction of Counterclaims against Creditor

Summary: Chapter 13 Debtor brought an Adversary Proceeding against Cashcall, seeking a declaratory judgment that the debt owed to Cashcall (resulting from a $1,500.00 payday loan) was in violation of the North Carolina Consumer Finance Act, N.C. Gen. Stat. §§ 53-164 to -191 (2012) and alleging that Cashcall engaged in acts that qualify as Prohibited Acts by Debt Collectors under N.C. Gen. Stat.

Pagination

  • 1
  • Next page
arbitration

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.

Ā 
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
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • 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 Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.0, Ā© 2013-2023 ncbankruptcyexpert.com, all rights reserved.