North Carolina Lawyers Weekly

Jun 21, 2017

Bankruptcy – Bank’s Deed of Trust Could Be Cancelled

Wells Fargo Bank NA v. AMH Roman Two NC LLC (Lawyers Weekly No. 001-135-17, 15 pp.) (Duncan, J.) No. 16-1681, June 12, 2017; USDC at Raleigh, N.C. (Boyle, J.) 4th […]

May 25, 2017

Consumer Protection – Bankruptcy Discharge – Debt Collection – FDCPA & NCCAA

Barnhill v. FirstPoint, Inc. (Lawyers Weekly No. 003-010-17, 19 pp.) (Loretta Biggs, J.) 1:15-cv-00892; M.D.N.C. Holding: Plaintiff alleges that (1) despite the fact that she had a debt discharged in […]

Mar 8, 2017

Bankruptcy – Court Vacates Company’s ‘Staggering Sanctions’

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic (Lawyers Weekly No. 001-057-17, 17 pp.) (Motz, J.) No. 16-1030, March 3, 2017; USBC at Charlotte, N.C. (Conrad, J.) 4th […]

Feb 28, 2017

Real Property – Mortgage Foreclosure – Bankruptcy – Deeds in Lieu – Deficiency Judgment

Bank of the Ozarks v. Kings Mountain Properties, LLC (Lawyers Weekly No. 012-037-17, 16 pp.) (Robert Hunter Jr., J.) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. App. […]

Jan 25, 2017

Bankruptcy – Bank Can Bypass Debt Modification

Birmingham v. PNC Bank NA (Lawyers Weekly No. 001-014-17, 24 pp.) (Lee, D.J.) No. 15-1800, Jan. 18, 2017; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: A chapter 13 […]

Jan 10, 2017

Debtors can claim full expenses per IRS tally

Debtors filing for bankruptcy protection under Chapter 7 can claim the full amounts for expenses as calculated by the IRS, even if their actual expenses are lower than the IRS’s […]

Dec 21, 2016

Civil Practice – Standing – Bankruptcy – Default Judgment – Arbitration

Wiley v. L3 Communications Vertex Aerospace, LLC (Lawyers Weekly No. 011-436-16, 21 pp.) (Richard Dietz, J.) Appealed from Cumberland County Superior Court (Lucy Inman, Kendra Hill & Clair Hill, JJ.) […]

Jun 27, 2016

F. Lee Bailey, OJ Simpson’s attorney, files for bankruptcy

PORTLAND, Maine (AP) — Famed defense attorney F. Lee Bailey, whose legion of high-profile cases includes the O.J. Simpson murder trial, has filed for bankruptcy in Maine in an effort […]

Mar 16, 2016

Civil Practice – Bankruptcy Sale Order Is Res Judicata Bar

Providence Hall Associates LP v. Wells Fargo Bank NA (Lawyers Weekly No. 001-048-16, 23 pp.) (Diaz, J.) No. 14-2378, March 11, 2016; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. […]

Jan 28, 2016

Bankruptcy – Law Firm Loses Bankruptcy Fee

Stubbs & Perdue PA v. Angell (In re Anderson) (Lawyers Weekly No. 001-017-16, 18 pp.) (Harris, J.) No. 15-1316, Jan. 26, 2016; USDC at Wilmington, N.C. (Fox, J.) 4th Cir. […]

Jan 18, 2016

Attorneys – Pro Hac Vice – Admission Revocation – 2-Year Ban – Client’s Inability to Pay – Bankruptcy Petition Filing

McCarthy v. Hampton (Lawyers Weekly No. 020-006-16, 8 pp.) (Gregory McGuire, J.) 2016 NCBC 4 Holding: Where a Florida attorney, who was representing his plaintiff-father, failed to inform defense counsel […]

Jan 5, 2016

Tort/Negligence – Corporate – Civil Practice – Statute of Limitations – Standing – Bankruptcy

Spoor v. Barth (Lawyers Weekly No. 011-016-16, 24 pp.) (Douglas McCullough, J.) Appealed from Wake County Superior Court (Allen Baddour, J.) N.C. App. Holding: Even though it appears that plaintiff […]