Adrian M. Lapas
PRO

Adrian M. Lapas's Legal Cases (14)

Goldsboro, NC

Chapter 13 bankruptcy Lawyer at Goldsboro, NC

Practice Areas: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection

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Consumer protection

Absolute Resolutions Investments, LLC v. Kilpatrick

Nov 04, 2025

OUTCOME: Summary judgment against debt buyer

A debt buyer sued my client for $2,400 on a charged-off credit card account. The debt buyer alleged an incorrect collection agency license number required to be pled in its lawsuit. Debt buyer had al ... leged the incorrect collection agency license number in multiple lawsuits. On Defendant's motion to dismiss, the court dismissed the debt buyer's case and awarded defendant over $9,000 in treble damages and over $9,000 in attorney's fees to the consumer's attorney.

Consumer protection

Bland et al. v. Carolina Lease Management Group, LLC et al. and Greene v. Carolina Lease Management Group, LLC

Oct 28, 2025

OUTCOME: Class Action settled for $8 million dollars and almost $700,000 in debt cancelled.

Two class actions--one in federal court and one in state court that involve rent-to-own agreements for portable storage sheds. Plaintiffs alleged that the agreements violated NC's Retail Installment S ... ales Act, Unfair Trade Practices and debt collection statute. Over 7000 North Carolina residents will receive cash distributions from the two class action settlement.

Litigation

Pounds and all others similarly situated v. Portfolio Recovery Associates, LLC

Nov 03, 2020

OUTCOME: Defendant's motion to compel arbitration denied.

Defendant debt buyer moved to compel arbitration which was denied by the trial court. The North Carolina Court of Appeals affirmed the denial of Portfolio Recovery Associates motion to compel arbitrat ... ion

Bankruptcy and debt

In re: Price

Sep 14, 2017

OUTCOME: Debtor prevailed in that the transaction was not a "lease" but a disguised security interest under the Uniform Commercial Code.

Debtor entered into a lease transaction for hopper trailers in his commercial trucking business. The "lease" specified that at the end of the lease the property would be the debtor's upon payment of $ ... 1. In debtor's chapter 13 case, debtor sought to "cram down" the trailers, that is, to pay what the trailers were worth instead of what was owed through his plan. Creditor filed a Motion for Relief from the Automatic Stay to get possession of the trailers.

Chapter 13 bankruptcy

Moses v. Cashcall, Inc.

Mar 31, 2015

OUTCOME: Affirmed in part; reversed in part; 4th Circuit Court of Appeals

I filed an adversary proceeding objecting to Cashcall's proof of claim and asserting claims for violations of the state debt collection statute. Cashcall asked the court to compel arbitration which wa ... s denied. The case was affirmed on appeal to the district court. Cashcall appealed it to the 4th Circuit which affirmed the bankruptcy court's order that core claims are not arbitrated.

Chapter 13 bankruptcy

In re: Kilpatrick

Aug 12, 2014

OUTCOME: Mortgage claim disallowed in its entirety

I filed an objection to the proof of claim based on documents from the mortgage servicer that were fraudulent. The bankruptcy court struck the claim in its entirety.

Debt collection

Houston and all others similarly situated v. Portfolio Recovery Associates, LLC

Mar 24, 2014

OUTCOME: Class claims still pending

Class action counterclaim against bad debt buyer pending in state court. Court granted consumer's Motion for Summary Judgment (argued by me) for violations of the North Carolina Prohibited Practices b ... y Collection Agencies Act.

Chapter 13 bankruptcy

In re: Green

Feb 11, 2014

OUTCOME: Settled.

Client "crammed down" a mortgage on a rental house in her chapter 13 plan. After she received a discharge, the mortgage lender continued to send billing statements and refused to release the lien. We ... filed for sanctions and after a hearing but before the bankruptcy court ruled, settled the case for a significant sum to the client.

Chapter 13 bankruptcy

Davis v. Nationstar, LLC

Jan 01, 2013

OUTCOME: Settled at mediation for a significant sum

Client was in an on-going chapter 13 case when Nationstar started badgering them about their mortgage payments. The mortgage payments were never behind and the mortgage company sent a representative o ... ut to their house to see about the mortgage. We alleged a violation of the automatic stay and debt collection statutes in bankruptcy court.

Debt collection

Dodeka, LLC v. Katie C. Cobb

May 01, 2012

OUTCOME: Debt collector ordered to pay $4,500 to debtor and over $17,000 in attorney fees.

Debt buyer filed complaint to collect on a purchased credit card account. We filed counterclaims for FDCPA and state law violations. Obtained a default judgment on counterclaims against collector and ... underlying action dismissed. Affirmed by Court of Appeals.

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