Creditors' Corner LEGAL TALK

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 & Collections, Corporate & Business Law, and Business Litigation.Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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 construction, equipment leasing and financing, and bankruptcy. His areas of practice are Bankruptcy, Business Litigation, Appellate Law, Construction Law, and Equipment Leasing & Finance.Michael Denning is an accomplished jurist and former District Court Judge for Judicial District 10 in Wake County, North Carolina. In his capacity as Of Counsel in Smith Debnam's Mediation and Arbitration Practice Group, he focuses his mediation practice in the areas of Business Litigation, Corporate and Business Law, and Family Law. Michael is a certified family financial mediator through the North Carolina Dispute Resolution Commission and a North Carolina State Bar and Wake County Bar member. He is admitted to practice in all North Carolina State Courts and U.S. District Court in all North Carolina Districts.

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 businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors.Rachel Rogers is an associate attorney within the Consumer Collections group at Smith Debnam. Her practice experience includes Construction Law, Creditors’ Rights & Collections, Corporate & Business Law, and Business Litigation.Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors.Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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 matters involving consumer financial services litigation and compliance and bankruptcy. His areas of practice are Consumer Financial Services Litigation & Compliance, Commercial Creditor Bankruptcy, and Commercial Litigation.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 matters involving consumer financial services litigation and compliance, bankruptcy, and commercial litigation.

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 debt buyers are required to disclose to consumers. In particular, we discuss why debt buyers need to pay attention to the North Carolina statute related to debt buyers. We also talk about the type of itemization debt collectors are required to disclose to consumers. At the conclusion of this podcast, you'll have a better understanding of what itemization is and how it's defined by Reg F, and how it's defined by the North Carolina Debt Buyer Statute. 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, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors.Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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 matters involving consumer financial services litigation and compliance, bankruptcy, and commercial litigation.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 creditors’ rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors’ committees, and occasionally, debtors.John Sperati is a partner and member of Smith Debnam’s Creditors’ Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors’ rights. 

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 volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors.Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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 commercial litigation, real property litigation, foreclosure, collateral recovery, bankruptcy, title reformation, and consumer finance litigation. His clients include banks, credit unions, commercial lenders, loan servicers, finance companies, title insurance companies, and other similar businesses.His experience has afforded him the opportunity to frequently speak on topics of interest to secured creditors, including residential and commercial foreclosure, compliance and regulatory issues, collections, collateral recovery, and title reformation. Jeff has spoken at programs and continuing legal education courses sponsored by Campbell University School of Law, the North Carolina Assistant Clerks of Court Conference, the North Carolina Bar Association, the North Carolina Creditors Bar Association, the North Carolina Bankers Association, and the North Carolina School of Government.**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 federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. **John Sperati is a partner and member of Smith Debnam’s Creditors’ Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors’ rights. 

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 property litigation, foreclosure, collateral recovery, bankruptcy, title reformation, and consumer finance litigation. His clients include banks, credit unions, commercial lenders, loan servicers, finance companies, title insurance companies, and other similar businesses.For over 30 years, Jeff has devoted his practice to a wide range of creditor-related areas of the law. Over his years of practice, Jeff has assisted members of the financial services industry with most every type of matter and dispute that could be faced by a creditor. Whether an easement dispute, real estate title dispute, bankruptcy filing, defective loan document, foreclosure, or recovery of secured collateral, there are very few issues he has not handled for his clients.His experience has afforded him the opportunity to frequently speak on topics of interest to secured creditors, including residential and commercial foreclosure, compliance and regulatory issues, collections, collateral recovery, and title reformation. Jeff has spoken at programs and continuing legal education courses sponsored by Campbell University School of Law, the North Carolina Assistant Clerks of Court Conference, the North Carolina Bar Association, the North Carolina Creditors Bar Association, the North Carolina Bankers Association, and the North Carolina School of Government.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 federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication.Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. 

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 federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  Jerry Myers is Smith Debnam’s Managing Partner. He concentrates his practice in the area of creditors’ rights, with an emphasis on debt collection, judgment enforcement, and commercial litigation. Jerry served as President of the Commercial Law League of America, an organization of creditors’ rights professionals, and is certified in the field of Creditors’ Rights Law by the American Board of Certifications. Jerry is an active member of the National Creditors Bar Association, presenting CLE programs and serving on committees. Jerry was also instrumental in forming the North Carolina Creditors’ Bar Association, a specialty bar whose members are committed to advocating for the rights of lenders and others in the credit and collections industry.Jerry’s practice includes litigation, regulatory compliance, and licensing matters, and general business representation. He has practiced in the creditors’ rights field for more than 30 years and has written and lectured extensively on debt collection and judgment enforcement. Jerry has presented CLE programs sponsored by institutions including Wake Forest University School of Law, the North Carolina Bar Foundation, the Commercial Law League of America, and the National Creditors Bar Association.

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: ArticleJoe 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 complex litigation matters. His clients include general contractors and subcontractors, as well as property managers, landlords, commercial tenants, equipment rental companies, and building material suppliers.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 federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  

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 creditors’ rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors’ committees, and occasionally, debtors.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 matters involving consumer financial services litigation and compliance and bankruptcy. His areas of practice are Consumer Financial Services Litigation & Compliance, Commercial Creditor Bankruptcy, and Commercial Litigation.

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 practice group. She represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions.  In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors.Melissa is an associate at Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practice group, where she represents a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

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 collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. 

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/

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 contrast force majeure with related defenses to contract enforcement, including impossibility, impracticability, and frustration of purpose. We also explore the increasing prevalence and importance of force majeure clauses in contracts in the COVID-19 era.

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.

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.