In Outer Banks Ventures, Inc. v. Currituck County, No. COA25-798 (N.C. Ct. App. June 3, 2026), the North Carolina Court of Appeals held that a contract requiring recurring semiannual payments was not ...

Available at (ABI Membership Required): Chapter 13 Sales: Estate Property and Co-Owned Assets

McDaniel v. Experian Information Solutions, Inc., et al., No. 3:26-CV-00500-KDB-MTO (W.D.N.C. Aug. 31, 2026) In McDaniel v. Experian, the Western District of North Carolina provides a useful reminder ...

Summary: The Western District of North Carolina has denied DBMP LLC leave to take an interlocutory appeal from Bankruptcy Judge Ashley Austin Edwards’ extensive rulings requiring production of hundred...

Abstract: The authors document that the costs of student debt extend beyond borrowers to their parents. Exploiting the student loan federal payment moratorium, which paused payments for a subset of bo...

Summary: In Williams v. Drexel University, Chief Judge Wendy Beetlestone allowed a former Drexel University student’s claims to proceed based on Drexel’s alleged use of academic records and access res...

In Williams v. Atlantic Recovery Solutions, LLC, No. 5:25-CV-505-BO (E.D.N.C. Sept. 1, 2026), Judge Terrence W. Boyle entered a default judgment against a debt collector that apparently had difficulty...

Available at: Cardozo Law — LARC

Summary: In Perkins v. PHEAA, Judge William L. Osteen, Jr. of the Middle District of North Carolina provides a fairly emphatic reminder that an issue actually decided in a bankruptcy adversary proceed...

Available at: https://larc.cardozo.yu.edu/de-novo/117

Summary: In Vibal v. Data Mortgage, Judge Terrence W. Boyle dismissed a federal lawsuit challenging a completed North Carolina foreclosure, providing a useful warning about both Rooker-Feldman and how...

The Birth of “Creditor Qualified Immunity”: Has Taggart Made the Bankruptcy Discharge Too Hard to Enforce? Available at: https://uknowledge.uky.edu/klj/vol114/iss3/3 ABSTRACT:

In Mid-America Apartment Communities, Inc. v. Philipson, No. 25-2354 (4th Cir. Aug. 27, 2026), the Fourth Circuit vacated a garnishment order because the magistrate judge lacked jurisdiction to enter ...

Available at SSRN: https://ssrn.com/abstract=7202339 Abstract:

Summary: In Trimble v. Entrata, Inc., the Fourth Circuit has again reminded businesses that the Federal Arbitration Act may favor arbitration, but it does not allow a company to manufacture an enforce...

Available at: https://uknowledge.uky.edu/klj/vol114/iss2/5

Summary: Jon Anthony Seppanen purchased a vehicle from Fayetteville Dodge under a retail installment contract requiring 72 monthly payments of $988.93, secured by the vehicle and expressly permitting ...

Mortgage servicing transfers are supposed to transfer the servicing of a mortgage. They are not supposed to erase a loan modification, resurrect amounts that were already capitalized or waived, or req...

Available at: https://www.abi.org/abi-journal/the-business-debtor-in-chapter-13-revisiting-consumer-reorganization-for-small-0 (ABI membership required)

Available at SSRN: https://ssrn.com/abstract=7130161 Abstract:

Available at SSRN: https://ssrn.com/abstract=7130161 Abstract:

The Fourth Circuit has issued another significant decision involving TitleMax's efforts to continue making high-interest title loans to residents of states that restrict or prohibit those loans.

Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/5

Available at SSRN: https://ssrn.com/abstract=6936419

Summary: In In re Systematic Audio, LLC, Chief Bankruptcy Judge Laura T. Beyer addressed two frequently litigated issues in Chapter 11 practice: when a bankruptcy court should lift the automatic stay ...

Credit Card Delinquencies Are High—What Does That Mean for Consumer Bankruptcy Filings? Available at: .https://libertystreeteconomics.newyorkfed.or

Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/7

Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss2/1

Summary: Two recent North Carolina bankruptcy decisions demonstrate that recovering unclaimed bankruptcy funds is no longer simply an administrative matter. Instead, disputes over court registry funds...

Available at: What Start-Up Lawyers Should Know About Bankruptcy

Summary: Ashley Deady, "Bankruptcy's Blind Spot: An Examination of How the System Turns its Back on Mentally Ill Debtors," argues that while the Bankruptcy Code promises a fresh start for the "honest ...

In Hollis v. Lakeview Loan Care, the U.S. District Court for the Western District of North Carolina dismissed a pro se homeowner's federal lawsuit without prejudice, finding that although the borrower...

Congress Says Board Certification Matters. Bankruptcy Courts Should Too Available at (ABI membership may be required): ABC Update: Statutory Fee Enhancements with Board Certification

Available at (ABI membership required):

Summary: The Fourth Circuit's published decision in J. Robert van Faassen, LLM v. Greg Lindberg addresses an important question involving international arbitration: is the three-year deadline in the F...

Available at SSRN: https://ssrn.com/abstract=6532660 or http://dx.doi.org/10.2139/ssrn.6532660 Pang, Belisa; Bruckner, Matthew A.; and Jiménez, Dalié. The Missing Cases: Student Loan Discharge in Bank...

Available at (ABI membership may be required): Show Me the Money: The Chapter 13 Trustee Audit Process https://www.abi.org/abi-journal/show-me-the-money-the-chapter-13-audit-process Effective Chapter ...

Summary: The debtor filed a Chapter 13 case after the North Carolina Department of Environmental Quality (DEQ) amended an existing state court environmental enforcement action to add him personally as...

Summary: The Fourth Circuit's published decision in Bayramov v. American Credit Acceptance is much more than another case about shareholder standing. It is one of the clearest explanations I have ever...

Summary The bankruptcy court denied summary judgment to both the debtor and MOHELA/Navient in a closely watched dispute over whether a private student loan qualifies as a "qualified education loan" un...

Available at: https://scholarlycommons.law.northwestern.edu/nulr/vol120/iss5/1

Available at: Power Failure: Rising Energy Debt Is Climbing into the Middle Class[/] (The Century Foundation, July 21, 2026)

This is the third and final pirate-themed case I've written about this week. I'll admit this one has the weakest connection. Unlike the Black Pearl and Blackbeard cases, there are no pirates in the op...

This is the second of three pirate-themed cases I'll be blogging about this week. After beginning with Black Pearl Vision v. G & G Funding, we now turn to Blackbeard's Triple Play. It seems that even ...

Before getting to today's opinion, a brief programming note. Because the debtor in this case is Black Pearl Vision, I couldn't resist the obvious association with the legendary Black Pearl from the Pi...

Summary: A recent decision from the Western District of North Carolina serves as another reminder that the Fair Credit Reporting Act (FCRA) is ultimately about the accuracy of the information being re...

Summary: In Golden Corral Corp. v. Illinois Union Insurance Co., the Fourth Circuit held that a subsequent change in state law—even one directly undermining a federal court's earlier prediction of tha...