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Category: Creditors Rights, Lender Liability, and Bankruptcy

August 8, 2017
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Failure to Hold Back Settlement Funds Subject to a Medical Lien Can Expose an Insurer to Treble Damages

A court’s decision to impose liability for committing an unfair or deceptive trade practice in a particular case may have wide-ranging implications—even when the amount in dispute in the matter itself is relatively minor. Such is the case in Nash Hospitals, Inc. v. State Farm Mutual Automobile Insurance, Co., a […]

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July 11, 2017
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can Forcing a Company into Bankruptcy Be an Unfair or Deceptive Trade Practice? Part 2

In a recent post, we examined the bankruptcy case of In re American Ambulette & Ambulette Service, Inc.—a case in which a trustee raised a novel theory of liability under N.C. Gen. Stat. § 75-1.1. The bankruptcy trustee alleged that certain business strategies that forced the debtors into bankruptcy constituted […]

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March 14, 2017
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can a Lender’s Failure to Provide a Promised Refinancing be an Unfair or Deceptive Trade Practice?

When a borrower asserts an alleged violation of N.C. Gen. Stat. § 75-1.1 against a lender, the claim often presents a familiar fact pattern. Frequently, the borrower alleges that the lender promised to refinance or modify the borrower’s loan and then broke that promise, causing injury to the borrower. A […]

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