February 27, 2024
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
January 4, 2024
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
March 21, 2023
Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.
August 3, 2022
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
November 22, 2021
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
June 10, 2021
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
November 9, 2020
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
March 14, 2017
Judge follows statutory language that didn’t achieve the result Congress intended.
Judge follows statutory language that didn’t achieve the result Congress intended.