ABI Blog Exchange

WHAT HAPPENS TO MY TAX REFUND IF I FILE BANKRUPTCY?

What Happens to my Tax Refund if I File Bankruptcy? As we enter tax season the question of, “what happens to my tax refund if I file bankruptcy” always comes up. This is a common question as many people are looking forward to receiving their tax

Law Review: Simmons, Joseph, Reconstructing the Bankruptcy Power: An Originalist Approach (October 31, 2021). 131 Yale L.J. 306 (2021)

Law Review: Simmons, Joseph, Reconstructing the Bankruptcy Power: An Originalist Approach (October 31, 2021). 131 Yale L.J. 306 (2021) Ed Boltz Mon, 01/24/2022 - 03:23 Abstract: This Note responds to two distinct difficulties in the constitutional law

Enthusiasm about commercial lending spreads among bank chiefs

Have You Been a Victim of a Financial Scam? Is Bankruptcy an Option?

Most of us trust others. After all, we would not scam someone else, so why would they scam us? Scams have been around for hundreds of years, but the sophistication of scams grows with the use of technology. I am going to write this article in reverse

Bankr. M.D.N.C.- Angell v. Tarlton Polk (In re Ewert)- Avoidable Transfers

Summary: The Trustee sought to avoid two transfers, in the total amount of $30,000, made by the Debtor from his wholly owned corporation to Michael Campbell. The only issue in the avoidance action was whether the Debtor received less than … Bankr. M

4th Circuit: Alexander v. Carrington Mortgage- "Collector" under Maryland Consumer Protection Laws Contrasted with "Debt Collector" under the FDCPA

4th Circuit: Alexander v. Carrington Mortgage- "Collector" under Maryland Consumer Protection Laws Contrasted with "Debt Collector" under the FDCPA Ed Boltz Mon, 01/24/2022 - 00:15 Summary: In a suit brought against Carrington Mortgage Services, LLC

Bankr. M.D.N.C.- Angell v. Tarlton Polk (In re Ewert)- Avoidable Transfers

Bankr. M.D.N.C.- Angell v. Tarlton Polk (In re Ewert)- Avoidable Transfers Ed Boltz Sun, 01/23/2022 - 23:45 Summary: The Trustee sought to avoid two transfers, in the total amount of $30,000, made by the Debtor from his wholly owned corporation to

Bankr. E.D.N.C.: In re Cook- Mortgage Deduction on the Means Test not Capped at IRS Local Standard

Bankr. E.D.N.C.: In re Cook- Mortgage Deduction on the Means Test not Capped at IRS Local Standard Ed Boltz Sun, 01/23/2022 - 23:30 Summary: The Cooks filed a Chapter 13 bankruptcy and, being above median income, were required to calculate their

N.C. Court of App.: Reverse Mortgage Solutions v. Dufault- Inadequate Description of Real Property in Deed of Trust

N.C. Court of App.: Reverse Mortgage Solutions v. Dufault- Inadequate Description of Real Property in Deed of Trust Ed Boltz Sun, 01/23/2022 - 23:01 Summary: Paul and Anita Richardson purchased a 1.26 acre tract of land ("main property") from Old

Bankr. M.D.N.C.: Swink v. Fannie Mae- Actual Damages Sufficient for §524(i), RESPA and FDCPA Claims

Bankr. M.D.N.C.: Swink v. Fannie Mae- Actual Damages Sufficient for §524(i), RESPA and FDCPA Claims Ed Boltz Sun, 01/23/2022 - 19:24 Summary: Ms. Swink filed her first Chapter 13 bankruptcy in 2013 and, perhaps unwisely, proposed a plan with her

W.D.N.C.: In re Bestwall, L.L.C- Injunctive Relief

Summary: Georgia-Pacific Holdings acquired Bestwall Gypsum Company in 1965, but as a result of decades-long asbestos litigation on July 31, 2017, Georgia-Pacific underwent a corporate restructuring, through a “divisional merger” under Texas law by

W.D.N.C.: In re Bestwall, L.L.C- Injunctive Relief

W.D.N.C.: In re Bestwall, L.L.C- Injunctive Relief Ed Boltz Sun, 01/23/2022 - 17:16 Summary: Georgia-Pacific Holdings acquired Bestwall Gypsum Company in 1965, but as a result of decades-long asbestos litigation on July 31, 2017, Georgia-Pacific

Bankr. M.D.N.C.: In re Gifford- Severed Tenancy by the Entireties did not become asset of the Estate

Bankr. M.D.N.C.: In re Gifford- Severed Tenancy by the Entireties did not become asset of the Estate Ed Boltz Sun, 01/23/2022 - 16:09 Summary: Christopher Gifford and Shana Gifford owned real property as tenants by the entireties. On April 1, 2019

We received invaluable expertise, recommendations, and advice throughout our chapter 13

“We received invaluable expertise, recommendations, and advice throughout our chapter 13. ” B.S. “The decision to declare bankruptcy is difficult. The journey through a 5-year Chapter 13 is more difficult. What was NOT difficult was the invaluable

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