Creditors' Corner LEGAL TALK

Navigating E-Filing in North Carolina

If you practice in North Carolina or are involved in our court systems, you probably know that five counties have made the transition to e-filing. Those counties include Harnett, Johnston, Lee Mecklenburg, and Wake counties. In today's episode, we discuss what you need to know as we transition to E-Filing across the state. Rachel Rogers is an associate attorney within the Consumer Collections group at Smith Debnam. Her practice experience includes Construction Law, Creditors’ Rights & Colle...

Family Law - When to Lawyer Up and Why Choosing a Multidisciplinary Firm is a Smart Move.

Today's topic is Family law, when to lawyer up, and why. We talk about why an attorney can be beneficial in a number of different family law situations, when you should consider getting an attorney involved, and why hiring a family law attorney from a firm with a multidisciplinary practice is a smart move. Landon Van Winkle is an associate within the firm's Construction Litigation practice group where he assists clients with pre-suit negotiations and litigation in matters involving constru...

Dealing with DMCs and the Unauthorized Practice of Law

Attorneys Christina McAlpin Taylor, Melissa Tulis, and Rachel Rogers discuss dealing with debt management companies - the risks and challenges they pose from the point of view of a collections attorney. Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of busine...

Post Judgment Collections in North Carolina

In this episode, Smith Debnam attorneys Christina McAlpin Taylor and Melissa Tulis discuss how Post Judgment Collections work in North Carolina. Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, includ...

Current Developments in Student Loan Relief

In today's episode, Smith Debnam attorneys Landon Van Winkle and Garret Kirkpatrick discuss the growing issue of student loans in the U.S., including how those loans are treated in bankruptcy, and how recent regulatory and legislative developments may provide relief to student borrowers in the future. Landon Van Winkle is an associate within the firm's Consumer Financial Services Compliance & Litigation practice group where he assists clients with pre-suit negotiations and litigation in ma...

FIVE Things You Need to Know About Itemization of Debt for Credit Card Accounts

A new regulation has gone into effect this year that has altered the itemization and disclosures to consumers that banks, financial service providers, and creditors have to provide. In this podcast, we'll discuss those changes. Specifically - we discuss what type of itemization credit card providers are required to disclose to the consumer periodically, how much transaction history a credit card provider is required to retain, and for how long.We’ll also get into what type of itemization deb...

Compliance with the Uniform Commercial Code Regarding Pre and Post Sale Notices in NC & SC

In today's episode, attorneys Garret Kirkpatrick, Ron Jones, and John Sperati explore what creditors need to know in order to remain fully compliant with the Uniform Commercial Code when sending pre-and post-sale deficiency notices to debtors in North Carolina and South Carolina. Garret Kirkpatrick is a member of the firm's Consumer Financial Services Litigation and Compliance group. In his role, Garret focuses on assisting clients with pre-suit negotiations, litigation, and advocacy in ma...

Compliance with the Uniform Commercial Code Regarding Pre and Post Sale Notices in NC & SC

In today's episode, attorneys Garret Kirkpatrick, Ron Jones, and John Sperati explore what creditors need to know in order to remain fully compliant with the Uniform Commercial Code when sending pre-and post-sale deficiency notices to debtors in North Carolina and South Carolina. Garret Kirkpatrick is a member of the firm's Consumer Financial Services Litigation and Compliance group. In his role, Garret focuses on assisting clients with pre-suit negotiations, litigation, and advocacy in ma...

The Debt Collection Rule and Email Communications with Consumers

In today’s episode, attorneys Melissa Tulis and Christina McAlpin Taylor discuss what the new debt collection rule says about communicating with consumers via email. Our discussion will cover the handoff letter, opt-out options, and how best to verify a consumer’s email address. Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practice group. An accomplished attorney known for handling a large vo...

DO’s and DON’Ts for Filing Proofs of Claim in Bankruptcy

As we emerge from the pandemic and business gets back to normal, we thought today would be a great time to talk about some of the big do's and don'ts for filing proofs of claim in bankruptcy. Featured speakers today include attorneys Jeff Rogers, Caren Enloe, and John Sperati. ** Jeff Rogers leads the firm’s Foreclosure and Collateral Recovery Section. He joined Smith Debnam in 1994 and concentrates his practice in areas affecting the financial services industry. His practice includes comm...

Title Reformation and Curative Actions

In today’s episode, attorneys Caren Enloe and Jeff Rogers discuss defects in title affecting the title to real property, including how those defects are discovered, and how they can be cured. Topics we cover include title reformation and quiet title actions. Jeff Rogers leads the firm’s Foreclosure and Collateral Recovery Section. He joined Smith Debnam in 1994 and concentrates his practice in areas affecting the financial services industry. His practice includes commercial litigation, real...

The Bona Fide Error Defense

In this episode, attorneys Jerry Myers and Caren Enloe discuss the Bona Fide Error Defense under the Fair Debt Collection Practices Act, including what a Bona Fide Error Defense is and how a collector may use it to their advantage. We also outline some of its disadvantages as well. Caren Enloe leads Smith Debnam’s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and ...

NC Court of Appeals Confirms Key Rule Benefitting Judgment-Creditors

In today's episode, attorneys Joseph Davies and Caren Enloe explore the new unpublished opinion from the North Carolina Court of Appeals that confirms the use of judicial liens as leverage by judgment creditors for collecting their judgments. See also: Article Joe Davies is a member of the Smith Debnam's construction law group and has an extensive background in lien filings and construction litigation. He represents construction companies and small business owners in lease negotiations and ...

Reining in the Stalking Horse – Bad Faith Allegations and § 363(m)

In this episode, Smith Debnam attorneys Ron Jones and Landon Van Winkle discuss the § 363 asset sale process used in bankruptcy cases, the use of stalking horse bidders in asset sales, and the protections afforded to a winning bidder under § 363(m). Ron Jones is a partner at Smith Debnam and a certified specialist in bankruptcy and debtor-creditor law by the South Carolina Supreme Court. Ron concentrates his practice in the areas of commercial law and bankruptcy, including all areas of cred...

Road Warriors - Tips for Motion Practices across North Carolina and South Carolina

In today's episode, attorneys Christina McAlpin Taylor and Melissa Tulis share the lessons they've learned from traveling to motion hearings across North and South Carolina. Within each state, every county’s court functions a little different, with distinct rules and processes. From differences in security lines to the types of motions allowed – Christina and Melissa have seen it all. Christina is a partner at Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practi...

Picking Apart the New Debt Validation Notice Requirements | Beware the Traps

In this episode, Attorney Caren Enloe walks us through the proposed Debt Validation Notice requirements and points out some of the traps that collectors might not catch. And, we discuss why some collectors' policies and procedures may need to change. Hosted by Smith Debnam Managing Partner, Jerry T. Myers. Caren Enloe leads Smith Debnam’ s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the colle...

Picking Apart the New Debt Validation Notice Requirements | Beware the Traps

In this episode, Attorney Caren Enloe walks us through the proposed Debt Validation Notice requirements and points out some of the traps that collectors might not catch. And, we discuss why some collectors' policies and procedures may need to change. Hosted by Smith Debnam Managing Partner, Jerry T. Myers. Caren Enloe leads Smith Debnam’ s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the colle...

Mobile Homes and Real Property: A Strained Relationship

Foreclosure attorney Jeff Rogers discusses the challenges presented to Creditors regarding mobile homes and their relationship to real property. Episode hosted by attorney Caren Enloe. Related Content: https://www.smithdebnamlaw.com/2020/06/mobile-homes-and-real-property-a-strained-relationship/

Estate Planning – Dynasty Trusts

It would take an act of God: Force Majeure Clauses and their increasing importance in the era of COVID-19

In this podcast, moderated by attorney Landon Van Winkle, attorneys Lauren V. Reeves and Eugene (“Gene”) W. Chianelli, Jr., discuss the basic operation of force majeure clauses in modern contracts: including explaining what force majeure clauses are, how they work, and why they are included in certain contracts. We make practical observations about the enforcement of force majeure clauses and some common pitfalls encountered in raising force majeure clauses as defenses. We compare and contra...

Paycheck Protection Program - Forgivable Loans

We continue our discussion of the Paycheck Protection Program loan facility, focusing on one of its most business-friendly aspects: forgiveness. This podcast explores how businesses who have received PPP loan funding can apply for relief from their obligations to repay.

Basics of the Paycheck Protection Program

The Paycheck Protection Program (“PPP”) allows for SBA-administered forgivable loans for essential business costs like payroll, benefits, rent, and utilities. The PPP is a key part of the federal government’s response to the COVID-19 pandemic and its associated economic fallout. This podcast highlights the basic features of the PPP and tells business owners what they need to know to apply.

What is an Estate Plan? Part 2 - Revocable Trusts and Probate Avoidance

Attorneys Eugene Chianelli and Andrew Bullard discuss more advanced type of estate planning documents, including revocable and irrevocable trusts, and why they can help individuals avoid probate. Attorneys Eugene Chianelli and Andrew Bullard review IRAs, life insurance, and 401ks and discuss whether such assets will avoid probate and the steps individuals should take regarding each type of asset. 

Fifth Circuit Pumps the Brakes

A look at the Fifth Circuit’s decision in Henry v. Educational Financial Service and the use of arbitration provisions in bankruptcies.

What is an Estate Plan? (Part 1)

Attorneys Eugene Chianelli and Andrew Bullard discuss why estate planning documents are necessary for any person, and answer questions regarding what a typical estate plan looks like for an individual and a married couple, as well as why you want to have a will and powers of attorney before you become incapacitated or die. 

Proposed Debt Collection Rule:

Attorney Caren Enloe provides a quick overview of the CFPB’s proposed debt collection rules and their implications for the ARM industry.