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Motion for Relief

Jul 24, 2012

Civil Practice – Motion for Relief – Summary Judgment Motion & Hearing – Notice – New Address – Meritorious Defense – Unauthorized Use of Account

Southland Distributors of North Carolina, LLC v. Hamilton Although it appears the trial court found that plaintiff’s counsel received a letter from defendant setting out defendant’s new address, the court made no finding regarding whether counsel received the letter prior to mailing plaintiff’s motion for summary judgment and notice of hearing to defendant at his old address.

Apr 27, 2012

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[...]

Nov 2, 2011

Bankruptcy – Automatic Stay – Motion for Relief – Value of Collateral – Equity — Officers’ Salaries

In re M.C. Pipe, Inc. The creditor has a security interest in the debtor-in-possession’s real property, equipment, inventory and accounts receivable. When these assets are assigned their fair market value, the assets’ value exceeds the creditor’s secured claim; therefore, the debtor has equity in the collateral, and the creditor is not entitled to relief from the automatic stay. [...]

Jul 20, 2011

Civil Practice – Motion for Relief — Email Hacking — Administrative

Aikens v. Ingram A former army colonel who accused his former military colleagues of hacking into his e-mails while he was deployed in Kuwait, to support allegations about the colonel’s “hostile command climate and inappropriate relations with women,” cannot persuade the en banc 4th Circuit that the federal district court should hear his case; on rehearing, the 4th Circuit upholds t[...]

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