Automatic stay claims remain in bankruptcy court despite arbitration clause
The 4th U.S. Circuit Court of Appeals held that bankruptcy debtors’ claims alleging post-petition collection efforts in violation of the automatic stay were too central to the bankruptcy process […]
Contract – Credit Card – Renegotiated Agreement
Citibank, N.A. v. Michaux (Lawyers Weekly No. 15-16-0364, 12 pp.) (Richard Dietz, J.) Appealed from Durham County District Court (Nancy Gordon, J.) N.C. App. Unpub. Holding: Defendant does not challenge […]
Civil Practice – Motion for Relief – Untimely – Subject Matter Jurisdiction – Credit Card Debt
Portfolio Recovery Associates, LCC v. Hammonds The pro se defendant filed her motion for relief under N.C. R. Civ. P. 60(b) exactly one year after entry of the final judgment against her. Where all of the facts which informed defendant’s Rule 60(b) arguments were available to her at the time of trial had she exercised due diligence, and where the new legal arguments which defendant rais[...]
Attorneys – Sanctions – Fraud – Credit Card Debt
Lucas v. R.K. Locke & Associates. Where an attorney employed by a credit collection group sued the group and others on behalf of the plaintiffs who claimed the defendants engaged in fraud, the orders . . .
Civil Practice – Discovery – Request for Admissions – Pro Se Defendant – Extension Denied – Deemed Admitted – Contract – Credit Card Debt
Discovery - Request for Admissions - Pro Se Defendant - Extension Denied - Deemed Admitted - Contract - Credit Card Debt
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