Litigation

You might be diligent about paying your mortgage on time every month. But unfortunately, that won’t always protect you from foreclosure. There are instances where lenders can foreclose on a property — even when your payments are current. Contact us...

If a creditor has a judgment against an individual in North Carolina and is seeking to execute the judgment in North Carolina, that creditor will need to serve the judgment debtor with a Notice of Right to Claim Exemptions. Upon...

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.

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...

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 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...

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...

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...

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...

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...