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Litigation

WRAL TV Story on Allegations That WakeMed Violated Bankruptcy Rule

Published December 8, 2015 by Sasser Law Firm

Attorney Cort Walker interviewed for WRAL TV story on allegations that WakeMed violated Bankruptcy Rule requiring redaction of certain sensitive information. Read the full Article here.

Eastern District of North Carolina Bankruptcy Court Opinion on Criminal Prosecution

Published June 26, 2014 by Sasser Law Firm

A recent opinion issued on June 6, 2014 from the Bankruptcy Court for the Eastern District of North Carolina found that a creditor had not violated the bankruptcy code based on the following facts: In March 2008 a creditor realized...

Bankruptcy Courts and Jurisdiction: The Case of Executive Benefits Ins. Agency v. Arkison

Published June 20, 2014 by Sasser Law Firm

The question of a bankruptcy court’s jurisdictional authority–whether a court has the authority to hear and render final decisions on particular claims–at first glance probably means precious little to most individuals or businesses considering whether to file a bankruptcy case...

Eastern District of North Carolina Bankruptcy Court Case Regarding Fraudulent Transfer Recovery

Published June 12, 2014 by Sasser Law Firm

Eastern District of North Carolina Judge Randy Doub recently ruled against the plaintiff/trustee in a fraudulent transfer action captioned Angell v. Craft Air Services, LLC. The defendant had been paid funds by the corporate chapter 7 debtor over the 2...

You Can Check Out Anytime You Like, but You Can Never Leave

Published by Sasser Law Firm

I know, I know, The Eagles are terrible. But the most famous line from their most famous song popped into my head yesterday while reading a recent opinion by Judge Humrickhouse in which she denied a debtor’s motion to have...

Criminal Prosecutions for NSF Checks and Bankruptcy

Published May 29, 2014 by Sasser Law Firm

Generally speaking, a bankruptcy filing will not stay a criminal prosecution. However, there is case law in the Eastern District of North Carolina that provides as follows: Bankruptcy proceedings have built-in protections for creditors who are owed monies. Therefore, creditors...

Nondischargeable Debt: Defalcation or Breach of Fiduciary Duty

Published March 14, 2014 by Sasser Law Firm

Not every debt is dischargeable in bankruptcy. Some of the more common nondischargeable debts include student loans and recent income tax debt. Another, but less common, nondischargeable debt is for defalcation of fiduciary duty. The term defalcation, though, has been...

What Good is a State Court Judgment in Bankruptcy?

Published March 11, 2014 by Sasser Law Firm

In a bankruptcy case, certain kinds of debts are not discharged. Recent tax liability, most student loans, and domestic support obligations are some of the most common examples of non-dischargeable debts. Other kinds of non-dischargeable debts are determined by very fact-specific examinations...

Motion to Claim Exempt Property: Why Bother?

Published February 27, 2014 by Sasser Law Firm

In North Carolina, as in most states, an individual against whom a judgment is awarded has the right to file a MOTION TO CLAIM EXEMPT PROPERTY to claim certain amounts of value in property as exempt from the reach of...

Can a Judgment Creditor Garnish Wages in North Carolina?

Published January 24, 2014 by Sasser Law Firm

Having a judgment entered against you can be a stressful situation, especially when the Sheriff’s deputy shows up with a Writ of Execution. People often wonder if their wages can be garnished here in North Carolina by a judgment creditor. ...

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