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By Ed Boltz, 9 November, 2017

E.D.N.C.: U.S. v. Cox- In rem Jurisdiction for Judicial Foreclosure

Summary: Mr. And Mrs. Cox, through their then attorney, entered into a settlement agreement in a civil forfeiture action brought for the collection of taxes, wherein they agreed to pay the government more than $3 million and granted Deeds of Trust against thirty-five tracts of land located throughout Alabama and North Carolina. After entering into this settlement, the government then initiated criminal prosecution of both of the Coxes and they subsequently pleaded guilty, with Mr. Cox being sentence to 33 months imprisonment, Mrs.
By Ed Boltz, 20 December, 2016

Bankr. E.D.N.C.: In re McGregor - Lack of Jurisdiction to Enforce Order following Dismissal

Summary: Turnover of a vehicle held by a Raeford Collision and subject to a possessory mechanic’s lien was resolved subject to a Consent Order, which required the MacGregor to provide the title to the vehicle so that a lien could be recorded with the North Carolina DMV.
By Ed Boltz, 3 February, 2015

M.D.N.C.: Brown v. Western Sky- Forum Selection and Tribal Exhaustion

Summary: Plaintiffs brought a class action against various payday lenders for violations of North Carolina law forbidding high interest rate loans either through by telephone or internet.
By Ed Boltz, 22 May, 2013

Bankr. E.D.N.C.: Bolton v. Jacobson (In re Province Grande Olde Liberty)- Mandatory Abstention Factors

Summary: Plaintiffs had brought suit against Howard A. Jacobson (ā€œJacobsonā€), Envision Sales & Marketing Group LLC (ā€œEnvisionā€), CILPS Acquisition LLC (ā€œCILPSā€), and the debtor (collectively ā€œbusiness court defendantsā€) and it was designated a mandatory complex business case and assigned to the North Carolina Business Court pursuant to N.C. Gen. Stat. § 7A–45.4(b).
By Ed Boltz, 20 May, 2013

4th Circuit: McFadden v. Fannie Mae- Complete Diversity Jurisdiction; Dual-Tracking of Loan Modification and Foreclosure

Summary: The McFaddens obtained a mortgage from Flagstar in July 2007 for $116,500.00, secured by their real property located in Virginia. The note provided that it could be freely transfered by Flagstar and that the agreements in the Deed of Trust would bind and benefit successors and assignees of the note. Before August 2009, the note was transferred to Fannie Mae and around the same time the McFaddens fell delinquent on their payments.
By Ed Boltz, 21 March, 2013

Bankr. E.D.N.C.: C.R. Peele Construction v. DTC Engineers- Post-Confirmation ā€œRelated Toā€ Jurisdiction

Summary: Debtor brought an Adversary Proceeding against Defendants alleging unpaid invoices a little more than two months after its Chapter 11 plan was confirmed. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction. Pursuant to 28 U.S.C. §§ 1334(b) and 157(a) a matter ā€œis within the jurisdiction of [a Bankruptcy] Court if it is ā€˜arising under,’ ā€˜arising in,’ or ā€˜related to’ the corresponding bankruptcy case.ā€ Citing to In re Celotex Corp., 124 F.3d 619, 625 (4thCir. 1997) (quoting Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3rdCir.
By Ed Boltz, 12 March, 2013

Bankr. E.D.N.C.: In re Blohm- Forum for Determination of Domestic Support Obligation

Summary: The Debtor contested large portions of the Domestic Support Obligation (DSO) claim filed by his ex-wife, who was also seeking dismissal of his Chapter 13 plan. The bankruptcy court held that the Indiana Superior Court where this claim originated was best suited for deciding the issues, See Caswell v. Lang, 757 F.25 608, 610 (4th Cir.
By Ed Boltz, 13 February, 2012

Bankr. M.D.N.C.: In re Freeway Foods- Application of Stern v. Marshall

Summary: Not quite half-way through this exhaustive opinion, the bankruptcy court, in discussing Stern v.
By Ed Boltz, 28 November, 2011

Bankr. EDNC: New Bern Riverfront v. Weaver Cooke- No Implied Consent to Non-Core Jurisdiction

Summary: The complaint and anser both failed, in contravention of Rules 7008(a) and 7012(b), to state whether the proceeding was core or  non-core, and if non-core, where the parties consented to the bankruptcy court entering  final orders or judgments.  The Court held that, in light of Stern v. Marshall, 564 U.S. ___, 131 S.Ct.
jurisdiction

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