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By Ed Boltz, 12 December, 2021

E.D.N.C.: NewRez, L.L.C. v. Beckhart- Unclear Plan Provisions regarding Mortgage Provided Fair Ground of Doubt to Avoid Sanctions

Summary:

By Ed Boltz, 15 April, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Misapplication of Payments by Mortgage Servicer

Summary:

By Ed Boltz, 6 March, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Authority of Bankruptcy Court to Enter Final Order for Discharge and Stay Violations

Summary:

By Ed Boltz, 27 January, 2021

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

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, 8 August, 2017

E.D.N.C.: Myrick v.  Equifax- FCRA Dispute Resolution and Bankruptcy Discharge

Summary: Following the entry of a discharge in 2011 of his Chapter 13 case, First Federal Bank (“FFB”) continued to report on Mr.  Myrick’s credit report with Equifax that he owed an outstanding balance of $41,603 that was past due by $2,000.  In November 2014, Mr.  Myrick submitted a dispute with Equifax regarding this balance, raising his bankruptcy discharge.  Equifax sent a Automated Consumer Dispute Verification (“ACDV”) to FFB, which responded that the balance information was correct.  Later in February 2015, Mr.
By Ed Boltz, 17 November, 2015

Bankr. E.D.N.C.: In re Ennis- Duty to Mitigate Stay/Discharge Violation

Summary: Mr. Ennis filed a Chapter 7 bankruptcy, including First Federal as a creditor. While First Federal did activate a bankruptcy block to discontinue past due notifications, its continued to send computer generated monthly statements to Mr. Ennis, listing the balance, accrued interest and amount past due. Mr. Ennis’ counsel did send notices to First Federal regarding the bankruptcy filing and the extent of the automatic stay, but did not describe any specific wrong doing. These notices were sent to First Federal at its street address, rather than its mailing address.
By Ed Boltz, 19 May, 2014

Bankr. E.D.N.C.: In re Amerson- Violation of the Automatic Stay; Termination of Automatic Stay in an Individual Chapter 11

Summary: Despite having received notice of the bankruptcy filing and notice of the proof of claims deadline well before the expiration of the deadline and approximately thirteen months prior to confirmation of the Amerson's Second Amended Plan, Flanders, who was represented by counsel during much toe the Chapter 11 proceeding, did not take any action in the bankruptcy proceeding to request relief from the automatic stay or to file a proof of claim.
By Ed Boltz, 1 May, 2014

Bankr. W.D.N.C.: In re Carolina Internet, Ltd.- Violation of Discharge; Due Process Requirements for Notice

Summary: Carolina Internet had an oral agreement to pay O’Dell 6.5% of its sales from its largest customer, believing that O’Dell could take that account away. When Carolina Internet filed Chapter 11, however, it did not list O’Dell as a creditor. That failure notwithstanding, O’Dell was aware of the bankruptcy, both as it was being planned and after it was filed.
By Ed Boltz, 20 June, 2012

Bankr. E.D.N.C.: In re Mead- Violation of Discharge

Summary: The Debtor had, after purchasing a 3rd parties interest in an Illinois home, been given title to the home by his then fiance, Ms. Ward, subject to an agreement that he would reconvey the real property to her in the event he pre-deceased her or their relationship ended. So, of course, their relationship ended and he declined to reconvey the property to her. Ms. Ward then commenced a lawsuit in Illinois against the Debtor seeking reconveyance of the property and damages for breach of contract. The Debtor filed Chapter 7, during which Ms.

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