C District Ct. (Mecklenburg): Hurd. v. Priority Automotive- Treble Damages for Unfair and Deceptive Trade Practices Ed Boltz Tue, 09/16/2025 - 16:21 Summary: Brad Hurd purchased a 2018 Honda Accord from Priority Automotive Huntersville for $26,400. Unbeknownst to him, the vehicle had been in an accident in 2017, while still a dealership demonstrator, with repairs exceeding $10,000 (more than 25% of the car’s value). North Carolina law, N.C. Gen. Stat. § 20-71.4, required disclosure of such damage. Instead, Priority affirmatively answered “NO” on the damage disclosure statement and gave Hurd a purchase agreement with the wrong VIN. When Hurd later sought to trade in the Accord, a CarFax report revealed the undisclosed wreck. Even then, Priority’s sales manager attempted to conceal the accident by withholding or substituting vehicle history reports. The District Court found violations of N.C. Gen. Stat. § 75-1.1 (Unfair and Deceptive Trade Practices), awarded Hurd $16,172 in actual damages (the difference between purchase price and value), trebled under Chapter 75 to $48,516, plus $2,800 compensatory damages for lost time, $10,000 in punitive damages, and $118,725 in attorneys’ fees. In total, the dealership was ordered to pay over $180,000, including fees and costs. Commentary: Very nice work by Shane Perry. This state court judgment is a striking reminder of the robust remedies available under North Carolina’s Unfair and Deceptive Trade Practices Act. The court not only trebled actual damages, but also awarded punitive damages and a six-figure attorneys’ fee award. Consumer debtor attorneys will immediately contrast this with the much smaller recoveries often seen in bankruptcy court for stay or discharge violations. While bankruptcy judges in North Carolina do award compensatory damages and attorneys’ fees, punitive damages are typically restrained, often capped in the $1,000–$5,000 range, and fee awards are rarely as expansive as those seen in Chapter 75 cases.  Bankruptcy judges also tend to be hostile to parallel claims that stay or discharge violations are illegal under N.C.G.S. 75 as well,  avoiding trebling damages and often making their findings of creditor abuse rather impotent- as Jamie Dimon,  the CEO of JP Morgan Chase,  said to Sen. Elizabeth Warren when confronted with his bank's illegal activities-  “So hit me with a fine. We can afford it.” The lesson is that consumer protection litigation in state court can generate fee-shifting and punitive exposure far beyond what bankruptcy courts would award. In a case like Hurd’s, had Priority’s conduct arisen in the context of a bankruptcy stay violation—for example, wrongfully repossessing or concealing a vehicle—damages would likely have been limited to actual harm and more modest sanctions. For debtor’s counsel, this underscores the value of a dual approach: Bankruptcy court for quick, clear enforcement of federal rights like the stay and discharge. State court Chapter 75 claims for broader deterrence and meaningful fee awards, particularly in auto fraud, mortgage servicing, or collection abuse cases. Hurd’s case also illustrates the importance of transparency: a $26,000 Accord turned into a $180,000 liability because of concealment and cover-up. Bankruptcy courts, by contrast, often temper their awards out of concern for proportionality and the continued functioning of creditor systems. State courts applying Chapter 75 show no such reluctance. With proper attribution,  please share this post.  To read a copy of the transcript, please see: Blog comments Attachment Document hurd_v._priority_automotive_huntersville.pdf (4.63 MB) Category NC Courts

If you file for bankruptcy, certain legal exemptions exist that may help you protect assets and property up to a specific dollar amount. These exemptions may be offered by Pennsylvania or the federal government. While you might find several helpful exemptions, you must choose between state and federal offerings. Bankruptcy exemptions may allow you to protect property, assets, or equity from creditors, but you must choose between federal and state exemptions. You may not select some exemptions from the state and others from the federal government; it’s all or nothing. You must speak to your bankruptcy attorney about your finances and which exemptions might help you more. While the state offers some exemptions for personal property and other things, the federal government offers a homestead exemption for your house. Generally, Pennsylvania exemptions are weaker than the federal ones. Again, your attorney can help you decide which path is right for you. Call Young, Marr, Mallis & Associates at (215) 701-6519 and ask our Pennsylvania bankruptcy lawyers for a free case review. Choosing Between Federal and State Bankruptcy Exemptions in Pennsylvania When filing for bankruptcy, you may claim certain exemptions, allowing you to retain property or assets that the government might otherwise seize. Different states may have different exemptions, and federal laws also provide for exemptions. In Pennsylvania, you may choose to claim either Pennsylvania’s exemptions or federal exemptions, but you cannot choose both. Pennsylvania Exemptions Pennsylvania offers the following exemptions up to certain dollar amounts that may be adjusted annually. Note that Pennsylvania does not offer exemptions for your home or vehicle, Personal property Wildcard exemption (may be applied to personal property not otherwise exempt) Wage exemptions Retirement accounts Money from public assistance, unemployment, or Workers’ Compensation Insurance proceeds and annuity payments Federal Exemptions Federal exemptions tend to offer more protection to bankruptcy petitioners and are often worth more money. Even so, talk to your attorney before deciding which exemptions to choose. Homestead exemptions Vehicle exemptions Household goods Jewelry Wildcard exemption Tools of the trade (may allow you to retain tools you need for work) Insurance proceeds Personal injury proceeds Retirement accounts Wages Social Security benefits Veterans’ benefits Federal or Pennsylvania Exemptions for Your House Bankruptcy exemptions that allow you to protect equity in your home are often referred to as “homestead” exemptions. Unfortunately, Pennsylvania does not offer homestead exemptions. However, there are federal homestead exemptions that you may claim. Remember, if you choose to claim the federal homestead exemption, you may only claim other federal exemptions. You cannot claim any state exemptions once you claim the federal homestead exemption. According to 11 U.S.C. § 522(d)(1), the federal homestead exemption may allow homeowners to exempt a certain amount of equity in their home from the bankruptcy process. As of 2025, you may exempt up to $31,575 of your home’s equity. If you claim this exemption, your home may still be sold off through the bankruptcy liquidation process if you file under Chapter 7. However, at least $31,75 from the sale must be returned to you. You may use this money to help you start over once the bankruptcy process is complete. Bankruptcy Exemptions for your Vehicle in Pennsylvania You might also be very interested in protecting your vehicle. Many of us rely on our vehicles to get to work and cannot earn a living without them. Again, Pennsylvania does not offer an exemption for vehicles; however, a federal exemption is available that you may claim. According to 11 U.S.C. § 522(d)(2), you may exempt up to $5,025 of the equity in your vehicle from the bankruptcy process. Like with your home, this may not completely shield your car from being sold, but it may help you save money on the sale. Again, if you want to claim an exemption for your car or other vehicle, you have to choose the federal exemptions. How Federal and Pennsylvania Bankruptcy Exemptions Differ There are numerous other exemptions offered at the state and federal levels. You should discuss these exemptions with a lawyer to determine which ones you should claim. Personal Property Exemptions Federal exemptions tend to offer protection for a greater variety of items and personal possessions. The federal exemption for household goods allows you to exempt individual items up to $800 in value and an aggregate limit of $16,850. Jewelry may be exempt up to $2,125. Tools of the trade (i.e., work equipment) may be exempt up to $3,175. The exemption offered by Pennsylvania, under 42 Pa.C.S. § 8124(a), allows you to exempt the full value of clothing, school books and Bibles, professional uniforms, and sewing machines belonging to seamstresses. No other items of personal property are mentioned within the statute, so this exemption may be quite more limited than the federal exemption. There are no Pennsylvania exemptions specifically for tools of the trade or jewelry. Retirement Accounts You may also have exemption options for retirement accounts. Under Pennsylvania law, you may exempt certain retirement or pension funds. You should talk to your attorney about these exemptions to make sure your specific accounts are exempt. Federal exemptions also exist for retirement accounts. Many employer-sponsored requirement plans are fully exempt, while individual retirement accounts (IR As) may be exempt up to a certain limit. Wildcard Exemptions Another kind of exemption exists called a wildcard exemption. This allows you to exempt any personal assets from the bankruptcy process up to a certain dollar amount, including cash, accounts, and anything not covered or over the limit in other categories of exemption. Under federal law, you may exempt up to $1,675 of any personal asset up to an aggregate of $15,800 of any unused portion of the homestead exemption (e.g., if you rent and have no house to put the exemption toward). That is a total of $17,475 available to you under the federal wildcard exemption. Pennsylvania also has a wildcard exemption that allows you to exempt up to $300 as a general monetary exemption. Are Federal Pennsylvania State Bankruptcy Exemptions Better? Whether the state exemptions offered by Pennsylvania or the federal exemptions are better is entirely up to you. However, it is wise to review these exemptions with a lawyer so you can hopefully maximize their potential and save as much money as possible from bankruptcy. Generally, federal exemptions offer a greater degree of protection and may help you exempt more property and assets of higher value than state exemptions. Even so, if you do not own a home or a vehicle, you may not need to claim many federal exemptions, and state options might be a better choice. However, if you are a homeowner or rely on a vehicle, federal exemptions might be the way to go. Factors to Consider When Selecting Bankruptcy Exemptions When deciding what exemption to claim, you should consider multiple important factors regarding your finances and assets. Do you own property? If you own a home, condo, or other real property, federal exemptions may help you keep some of the equity in these assets. Similarly, if you own a vehicle, federal exemptions may be more helpful. It is ultimately up to you what exemptions to choose, but you should talk to a lawyer first to make sure you are taking the most advantageous option. Contact Our Pennsylvania Bankruptcy Lawyers for Help with Your Case Call Young, Marr, Mallis & Associates at (215) 701-6519 and ask our Philadelphia bankruptcy lawyers for a free case review.

4th Cir.: Davis v. Capital One-TCPA Expert Excluded, Class Not Ascertainable Ed Boltz Mon, 09/15/2025 - 17:31 Summary Clarence Davis began receiving prerecorded debt-collection calls from Capital One, despite never having been its customer. The problem arose because his cell phone number had previously belonged to a delinquent Capital One account holder. Even after Davis twice told Capital One to stop calling, the robocalls continued briefly. Davis filed a putative class action under the Telephone Consumer Protection Act (TCPA), seeking to represent all non-customers nationwide who had received Capital One robocalls in the past four years. His case hinged on expert testimony proposing a methodology to identify affected individuals through phone company records, the FCC’s Reassigned Numbers Database, and data broker lookups. The district court excluded Davis’s expert under Rule 702 and Daubert, finding her methodology untested, error-prone, and incapable of reliably separating customers from non-customers. Without an admissible expert methodology, Davis’s class could not satisfy the Fourth Circuit’s “ascertainability” requirement for Rule 23(b)(3) classes. The court denied certification, though it awarded Davis $2,000 individually for Capital One’s TCPA violations. On appeal, the Fourth Circuit affirmed. The panel held the district court acted within its discretion both in excluding the expert and in concluding that the proposed class was not readily identifiable without individualized inquiries. Commentary Although not a bankruptcy case, Davis v. Capital One illustrates two familiar themes for consumer debtor attorneys: (1) the difficulty of aggregating widespread but low-dollar statutory violations into effective class relief, and (2) the judicial gatekeeping role over expert testimony that often decides whether a consumer class case succeeds or fails. The Fourth Circuit has previously recognized in Krakauer v. Dish Network that the TCPA is designed to function through class actions, since individual claims are too small to pursue. Yet, as in Davis, the hurdle of ascertainability—peculiar to this Circuit—often defeats such suits at the certification stage. For debtors’ counsel, this decision is another reminder that large-scale systemic creditor misconduct may escape classwide accountability, leaving only individual statutory damages. There is a quiet but important bankruptcy angle here: many debtors we represent arrive in Chapter 13 or 7 after being hounded by misdirected or unlawful robocalls. The TCPA provides a strict-liability remedy, but unless paired with creative lawyering or individual adversary proceedings, class-based deterrence is elusive in the Fourth Circuit. Finally, the opinion underscores the contrast between circuits. Other courts of appeals have softened or rejected strict ascertainability requirements. Here, the Fourth Circuit insists on a class that is “readily identifiable” without extensive individualized fact finding, even where doing so undercuts Congress’s intent to curb robocalls. For consumer advocates, this decision reaffirms the uphill struggle to vindicate small-dollar statutory rights in this jurisdiction—whether under the TCPA, the FDCPA, or even recurring bankruptcy stay and discharge violations. With proper attribution,  please share this post.    To read a copy of the transcript, please see: Blog comments Attachment Document davis_v._capital_one.pdf (178.36 KB) Category 4th Circuit Court of Appeals

Here’s what we usually need for our Be Happy meeting Our Be Happy meeting reviews information the bankruptcy court needs to approve your case. So you can “be happy.” On this page, I’m introducing Lexria, my virtual file clerk. Lexria gathers the necessary information and required documents.we need for our next meeting. I call our next meeting the Be Happy meeting. At the Be Happy meeting, we review the information that we need to get your case approved. So we can “be happy.” Please do not SKIP any questions. Lexria won’t send your information to me if you leave anything blank. So, put NONE if the answer is none. If you don’t know, put DON’T KNOW.  If a question asks for a dollar amount you don’t know, put $999.99. Then we know to discuss. Try to be accurate on the budget. Usually the budget doesn’t matter much but sometimes it matters a lot. Please do not sweat the bankruptcy values of your clothes and furniture. But take the time to be accurate on your budget. Together, We’ll get Your Credit Report. You have a legal right to get a free one at annualcreditreport.com. But we can save some steps and aggravation if we get one for you. Lexria asks for permission for us to get your credit report.. (Lexria sends you a copy, too.) We need paystubs and bank statements Your bankruptcy eligiblity for Chapter 7, and your bankruptcy payments for Chapter 13, depend on your income. (And also on your money in the bank.) You can download paystubs and bank statements and send them to us. Or–for the big banks and big payroll services–Lexria can get them for you.  Please let Lexria know how you want to handle that. OK, Here’s the Link: Here’s the link to Lexria.  She will take you through the steps to gather the neccessary information and required documents. Then Vanessa will set up our second meeting, to go over everthing together. Fine Print I’m required to send you these fine-print notices. This links to the way I calculate your Chapter 7 legal fee.  This is the price set by the court for Chapter 13 bankruptcy cases. Meet Vanessa, my paralegal. Vanessa Hill, bankruptcy paralegal, has been with me for twenty-five years. Vanessa will schedule our next meeting as soon as we get all the required documents.     Meet Lexria, My Virtual File Clerk Lexria, is my virtual file clerk.  She can’t answer legal questions, but she is really good at gathering papers and getting them to me.     The post Here’s What We Need for our Next Meeting appeared first on Robert Weed Virginia Bankruptcy Attorney.

Bankr. E.D.N.C.: In re Sugar- Discharge Allowed After Reliance on Counsel Mitigates Sanctions Ed Boltz Fri, 09/12/2025 - 16:19 Summary Judge Warren’s most recent opinion in In re Sugar (Bankr. E.D.N.C. Aug. 15, 2025) follows remand from both the U.S. District Court and the Fourth Circuit Court of Appeals. The case began with the dismissal of Christine Sugar’s Chapter 13 in 2023, coupled with a five-year nationwide bar on refiling, after she sold her residence without prior court approval in violation of E.D.N.C. Local Bankruptcy Rule 4002-1(g)(4). At the time, the court viewed Sugar as defiant and unapologetic, making dismissal with prejudice appear justified. On appeal, however, the District Court and the Fourth Circuit (in Sugar v. Burnett, 130 F.4th 358 (4th Cir. 2025)) questioned whether reliance on advice of counsel had been adequately considered. The Fourth Circuit remanded with instructions to reassess sanctions in light of her attorney’s role. On remand, represented by new counsel, Sugar testified credibly that she had repeatedly disclosed her inheritance and contemplated sale of her house to her attorney, but was affirmatively advised she could keep and use the funds and that no court approval was needed to sell her home. The court found this advice “poor and erroneous,” and concluded Sugar reasonably relied on it. Vacating its prior order, the bankruptcy court allowed her discharge to enter and invited the Bankruptcy Administrator to review possible professional discipline. Commentary This decision continues the long-running saga of Sugar, now spanning multiple layers of appellate review. At each turn—from dismissal, to sanctions, to affirmation by the District Court, to remand by the Fourth Circuit, and finally to discharge—her case highlights the tension between local rule compliance, debtor candor, and attorney responsibility. The Fourth Circuit’s intervention is notable. Unlike its earlier refusal to extend grace to the debtor in Purdy (where a debtor’s repeated bad faith filings justified dismissal with prejudice), here the appellate court recognized that attorney advice could mitigate even seemingly blatant violations. Similarly, while In re Beasley,  Case No. 21-02322-5PWM, involved sanctioning an attorney for nondisclosure, in Sugar the focus shifted to how that nondisclosure misled both the debtor and the court. The contrast is instructive: Purdy underscores that when the debtor alone is culpable, harsh remedies like multi-year bars may be sustained. Beasley demonstrates that courts will not hesitate to sanction attorneys who conceal material information. Sugar sits uncomfortably between these poles, reminding us that when an attorney’s “crusade” or misinterpretation of local rules leads a debtor astray, punishment of the debtor herself may be inequitable. For consumer debtor attorneys, the case is a cautionary tale with two utilities: Reliance on counsel is not an absolute defense, but if documented through emails and testimony, it can mitigate sanctions and even reverse a dismissal years later. Local Rule compliance is not optional. Even if a practitioner believes a rule is inconsistent with the Code, pursuing a test case requires full and frank disclosure to the client of the risks—especially the possibility of dismissal with prejudice. The Sugar opinions (bankruptcy, district, and circuit) now join Purdy and Beasley as part of the small but growing body of Fourth Circuit consumer bankruptcy case law emphasizing professional responsibility. While debtors may ultimately receive a second chance, attorneys who misadvise or conceal face not only sanctions but potential referral to the State Bar. With proper attribution,  please share this post.  To read a copy of the transcript, please see: Blog comments Attachment Document in_re_sugar.pdf (202.82 KB) Category Eastern District

When you file for bankruptcy, the bankruptcy court issues an “automatic stay.”  This stops creditors and collectors from coming after you, but can it stop everything?  Is wage garnishment covered under this automatic stay? The automatic stay you receive when you file is powerful and can stop many kinds of collections, but it does not stop all wage garnishment.  Whether a particular garnishment order is stopped or not will depend on its purpose.  If the garnishment is for a debt, then yes, it will usually stop; if it’s for child support or alimony, then it will not stop. Call our Pennsylvania bankruptcy lawyers at Young, Marr, Mallis & Associates at (215) 701-6519 for a free case review today. What is an Automatic Stay in a Pennsylvania Bankruptcy Case? When you file for bankruptcy, debt collection is automatically paused.  This is because the court automatically “stays” (stops) any collection efforts while they analyze your debt, see if you are eligible for bankruptcy, and carry out your case. This automatic stay is incredibly powerful and can give you a breather or even a new lease on life.  While the automatic stay is in place, creditors cannot… Collect on the debts Activate attachment or sell off your property to collect on the debt Send you new bills Call you Have collections agencies call you. If they do contact you or try to collect debts subject to the bankruptcy, then you can show them the automatic stay – or direct them to our Pennsylvania bankruptcy attorneys – and that should shut down further collection attempts. It is one of the most important parts of filing for bankruptcy, and having the automatic stay in place will be the first sign that this system is really working for you. What Does an Automatic Stay Cover? The automatic stay in your case will stop all debt collection covered under the petition. This means it stops collection on your debt, but not anyone else’s. It also only stops collection on debts that existed before the petition.  If you file your bankruptcy petition, obtain an automatic stay, and then go take out a loan the next day, it will not be halted by the stay. Does an Automatic Stay Stop Wage Garnishment? If you were already at a point where a creditor had a wage garnishment order against you, then the automatic stay should stop that.  However, it might not stop other garnishments like child support or alimony. As mentioned above, your automatic stay will only stop collection efforts for the covered debts in this bankruptcy petition.  If you signed a release for a new debt to garnish your wages after filing for bankruptcy, that certainly wouldn’t be covered. Wage garnishment also only stops if it is for a debt. Does Bankruptcy Stop Wage Garnishment for Alimony or Child Support? Wage garnishment is commonly used to enforce divorce and custody orders, making sure the person pays child support or alimony.  Automatic stays do not interfere with these payments and cannot stop wage garnishment for alimony or child support. Does an Automatic Stay Cover Withholding? If your employer withholds money from your pay for other reasons outside of garnishment, that typically will not stop with an automatic stay.  For example, if you have retirement accounts that they withhold funds for, those withholdings will continue. Some of these are not required in any way, and you may be able to ask your employer to suspend them or stop withholding while you are in a tough financial spot and need more free income. However, you can’t stop withholding for taxes.  Your employer is required to take out and pay state, federal, and local taxes.  They also cannot stop withholding Social Security or disability taxes. How Do I Know if My Automatic Stay Will Cover Certain Debts or Garnishments? The best way to understand your bankruptcy petition and automatic stay is to talk to a lawyer about it.  Our attorneys can go over your debts with you, along with any other payments or withholdings you might have questions about, and let you know whether they should be covered by the automatic stay under the Bankruptcy Code’s specific provisions. How Quickly Does the Automatic Stay Go Into Effect? The automatic stay should go into effect immediately and automatically, with nothing else to be done on your part.  The fact that you filed your bankruptcy petition should, itself, be enough proof to show any creditors that they need to stop harassing you or garnishing your wages. However, you also need to actually give creditors notice of the stay, or else they will not know it is in effect.  Talk to your lawyer about the process for doing this. What Should I Do if Garnishment Goes Through Anyway? If you have a debt that is supposed to be stopped by the automatic stay, then you have a few ways of addressing the situation.  Our attorneys can also advise you on next steps. For one, you should make sure you have a copy of the stay order so that you can contact the creditor and tell them about your stay.  They should not be garnishing wages in violation of a court order, and they can be made to reimburse you for any garnishment that should have been stayed. You can also contact your employer if you are willing.  They must have an actual order to garnish wages in the first place, and they cannot just go off of a creditor’s request.  In the same way, once there is an order in place halting garnishment, they have to stop.  They cannot continue to garnish your wages once the automatic stay is in place. In any case, though, our lawyers can also help you contact the right parties, show them the order, and help convince them to follow the law.  Automatic stays are quite powerful orders, and violating these orders can get other parties, creditors, and employers in trouble with the law. Call Our Pennsylvania Bankruptcy Attorneys Today For your free case evaluation, call Young, Marr, Mallis & Associates’ Allentown, PA bankruptcy lawyers at (215) 701-6519 right away.

Law Review: McLaughlin, Christopher- NC School of Government Tax Foreclosures: An Overview Ed Boltz Thu, 09/11/2025 - 20:50 Summary McLaughlin’s bulletin provides North Carolina counties with a primer on tax foreclosure. Local governments can use either: Mortgage-style foreclosure (G.S. 105-374) – a full civil action, with attorney’s fees chargeable to the taxpayer. In rem foreclosure (G.S. 105-375) – a streamlined, judgment-based process with a capped $250 administrative fee. The article covers lien priority, redemption rights, surplus distribution, and the mechanics of sales and upset bids. It also notes that counties may foreclose even against tax-exempt organizations (if taxes accrued before the exemption) or property owned by debtors who previously went through bankruptcy, once the automatic stay no longer applies. Commentary For consumer debtor attorneys, the key intersection is with bankruptcy and constitutional law: Automatic stayin Bankruptcy – McLaughlin states foreclosure can resume once a bankruptcy ends by dismissal or discharge. But under § 362(c), the stay continues against property of the estate until case closure (or abandonment), meaning a county may need stay relief even post-discharge. Counties rarely press this distinction, but debtor counsel should. County motions for relief – Counties, like any secured creditor, can seek stay relief under § 362(d), though cost often deters them. This can buy debtors critical time to cure arrears or negotiate.  This option is not presented in the article. Tyler v. Hennepin County – The Supreme Court made clear that keeping more than is owed in taxes is a taking. North Carolina already requires that surplus proceeds from the initial foreclosure sale be turned over to the clerk of court for distribution. But what about the subsequent sale scenario? Under G.S. 105-376, if a county is the high bidder and takes title, it holds the property “for the benefit of all taxing units” and may later dispose of it. Current law lets the county keep any surplus above taxes when it later resells. After Tyler, that practice may be constitutionally suspect. The Court’s reasoning—that equity beyond the tax debt is still the homeowner’s property—suggests that if the county resells for more than the taxes owed, the excess belongs to the former owner, not the county. Consumer attorneys should be prepared to argue that Tyler extends to this scenario. A county cannot avoid the Takings Clause by first bidding in the taxes, taking title, and then capturing the homeowner’s equity on resale. Just as Minnesota could not legislate away surplus equity, North Carolina counties cannot sidestep it through G.S. 105-376. Practical leverage – Even if courts have yet to apply Tyler this way, raising the issue can help debtor counsel negotiate with counties—particularly in hardship cases or where a homeowner has substantial equity at risk. Takeaway McLaughlin’s bulletin outlines the procedural mechanics counties rely on, but in a post-Tyler world, debtors and their attorneys should not assume counties can lawfully pocket resale profits after acquiring property for back taxes. That question is ripe for litigation, and until resolved, consumer attorneys should press Tyler arguments whenever equity remains in a foreclosed home. With proper attribution,  please share this post.    To read a copy of the transcript, please see: Blog comments Attachment Document tax_foreclosures_an_overview.pdf (483.42 KB) Category Law Reviews & Studies

W.D.N.C.: Black v. Brice-Upholds Business Judgment Rule, Rejects Caremark Claim Ed Boltz Tue, 09/09/2025 - 16:43 Summary: Schletter, Inc., a Delaware-incorporated solar racking manufacturer based in Shelby, NC, lost market competitiveness when its FS Uno system fell behind the competition. CEO Dennis Brice, after months of analysis and with approval from its German parent company, launched a new “G-Max” product intended to be cheaper, lighter, and easier to install. To meet aggressive delivery deadlines in contracts with steep liquidated damages, development was rushed, no testing was performed, costs and production capacity were misjudged, and customers struggled with installation. The product rollout failed, customer claims mounted, and Brice was terminated in 2017. Schletter filed Chapter 11 in 2018. Post-confirmation, Plan Administrator Carol Black sued Brice for breach of fiduciary duty under Delaware law, arguing he acted for the benefit of the German parent (continuing licensing fees) rather than the debtor, and that ignoring “red flags” about the G-Max launch constituted a Caremark oversight breach. The bankruptcy court granted summary judgment for Brice, applying the business judgment rule. On appeal, the district court affirmed: Wholly-owned subsidiary status – Under German corporate practice, the unissued 5% treasury shares didn’t change that Schletter Germany held 100% of outstanding stock. Brice’s fiduciary duty was to the parent, so licensing fee decisions could not be a loyalty breach. No Caremark claim – Alleged “red flags” (lack of testing, risky contract terms, inadequate capacity) were hindsight critiques of business risk, not evidence of knowing illegality or bad faith. Business judgment rule applied – The decision to launch G-Max was a rational attempt to address competitive decline, and nothing rebutted the presumption of good faith. Because the business judgment rule shielded Brice, the court did not address his indemnification clause defenses. With proper attribution,  please share this post.    To read a copy of the transcript, please see: Blog comments Attachment Document black_v._brice.pdf (266.43 KB) Category Western District

M.D.N.C.: Brown v. First Advantage Background Services Corp. & Ashcott, LLC- Default Judgment for FCRA as to Liability not Damages Ed Boltz Mon, 09/08/2025 - 17:34 Summary: When Charles Brown applied for a long-haul truck driving job with a FedEx contractor, he did what every applicant expects—passed the interview and drug test—only to have his offer rescinded after a background check falsely claimed he had felony convictions. The root cause: Defendant Ashcott, LLC, hired by First Advantage to run criminal records searches,  (Good Grief!) matched another “Charles Brown” from Philadelphia (with a different middle name and Social Security number) to him, and reported that the match was based on Brown’s *full* name and SSN—something that simply could not be true. Brown sued both First Advantage and Ashcott under the Fair Credit Reporting Act (FCRA). After settling with First Advantage, he pursued a default judgment against Ashcott. The court found Ashcott properly served, that its conduct violated § 1681e(b) by failing to follow reasonable procedures to assure maximum possible accuracy, and that the error was a proximate cause of Brown’s lost job and emotional distress. However, damages were another matter. Brown asked for $100,000 compensatory (for a year’s lost wages and distress) and $100,000 punitive damages. Evidence showed he had other employment until April 2023 and some income thereafter, so his lost wage calculation did not match reality. The court granted default judgment *as to liability*, denied punitive damages for lack of evidence of a willful violation, and set the matter for a damages hearing unless Brown supplements his proof to account for other income during the relevant period. Commentary: The opinion is a tidy reminder for consumer advocates that FCRA liability is not just about “false” reports—it’s about whether the background screener reasonably matched the data. Here, Ashcott claimed a perfect match on SSN when the middle name and SSN were actually different. That misstatement essentially doomed them once they defaulted. From a practice standpoint, this case illustrates: The importance of damages proof: Even with liability conceded, a plaintiff must prove actual damages with specificity, especially if there was other income or mitigation. Bankruptcy attorneys are well familiar with similar challenges when proving lost wages in discharge injunction or stay violation actions. The uphill battle for punitive damages: Without facts showing reckless disregard or intentional misconduct, courts will not presume willfulness from mere negligence. Parallel lessons for bankruptcy cases: Consumer debtors wrongfully denied employment due to inaccurate credit or criminal background reports may have viable FCRA claims, but those claims must be backed by documentary proof of lost earnings and clear causation—especially if those damages will be property of the estate and subject to trustee oversight. The factual irony here is that, had there been a Chapter 13 case, the false report’s economic harm (which would not be protected as under the personal injury exemption)  could have impacted the debtor’s ability to fund a plan—yet the litigation and any recovery could also have been estate property. This makes a strong argument for debtor’s counsel to consider FCRA claims not just as side litigation, but as tools to protect the debtor’s fresh start and preserve plan feasibility. With proper attribution,  please share this post.    To read a copy of the transcript, please see: Blog comments Attachment Document brown_v._first_advantage.pdf (112.31 KB) Category Middle District

M.D.N.C.: Brown v. First Advantage Background Services Corp. & Ashcott, LLC- Default Judgment for FCRA as to Liability not Damages Ed Boltz Mon, 09/08/2025 - 17:34 Summary: When Charles Brown applied for a long-haul truck driving job with a FedEx contractor, he did what every applicant expects—passed the interview and drug test—only to have his offer rescinded after a background check falsely claimed he had felony convictions. The root cause: Defendant Ashcott, LLC, hired by First Advantage to run criminal records searches,  (Good Grief!) matched another “Charles Brown” from Philadelphia (with a different middle name and Social Security number) to him, and reported that the match was based on Brown’s *full* name and SSN—something that simply could not be true. Brown sued both First Advantage and Ashcott under the Fair Credit Reporting Act (FCRA). After settling with First Advantage, he pursued a default judgment against Ashcott. The court found Ashcott properly served, that its conduct violated § 1681e(b) by failing to follow reasonable procedures to assure maximum possible accuracy, and that the error was a proximate cause of Brown’s lost job and emotional distress. However, damages were another matter. Brown asked for $100,000 compensatory (for a year’s lost wages and distress) and $100,000 punitive damages. Evidence showed he had other employment until April 2023 and some income thereafter, so his lost wage calculation did not match reality. The court granted default judgment *as to liability*, denied punitive damages for lack of evidence of a willful violation, and set the matter for a damages hearing unless Brown supplements his proof to account for other income during the relevant period. Commentary: The opinion is a tidy reminder for consumer advocates that FCRA liability is not just about “false” reports—it’s about whether the background screener reasonably matched the data. Here, Ashcott claimed a perfect match on SSN when the middle name and SSN were actually different. That misstatement essentially doomed them once they defaulted. From a practice standpoint, this case illustrates: The importance of damages proof: Even with liability conceded, a plaintiff must prove actual damages with specificity, especially if there was other income or mitigation. Bankruptcy attorneys are well familiar with similar challenges when proving lost wages in discharge injunction or stay violation actions. The uphill battle for punitive damages: Without facts showing reckless disregard or intentional misconduct, courts will not presume willfulness from mere negligence. Parallel lessons for bankruptcy cases: Consumer debtors wrongfully denied employment due to inaccurate credit or criminal background reports may have viable FCRA claims, but those claims must be backed by documentary proof of lost earnings and clear causation—especially if those damages will be property of the estate and subject to trustee oversight. The factual irony here is that, had there been a Chapter 13 case, the false report’s economic harm (which would not be protected as under the personal injury exemption)  could have impacted the debtor’s ability to fund a plan—yet the litigation and any recovery could also have been estate property. This makes a strong argument for debtor’s counsel to consider FCRA claims not just as side litigation, but as tools to protect the debtor’s fresh start and preserve plan feasibility. With proper attribution,  please share this post.    Blog comments Attachment Document brown_v._first_advantage.pdf (112.31 KB) Category Middle District