Bankruptcy and Creditors' Rights PublicationsAvoiding Pitfalls in Foreclosure - South Carolina
Gene Allen
June 23, 2011
In this webinar, Gene Allen discusses how to avoid pitfalls in the foreclosure process in South Carolina. He outlines the necessary steps to take when reviewing the loan documents, what to look for in the title search and any special issues that might arise in the process.
Dirt-For-Debt: “Indubitable Equivalence” And Other Issues
Elizabeth M. Brantley  Greensboro
June 22, 2011
In Chapter 11 reorganization cases, a debtor and a creditor generally seek to negotiate a mutually agreeable plan of reorganization.
North Carolina Foreclosures
Brooks Bossong
June 16, 2011
This webinar outlined the North Carolina Foreclosure process including information on Notice and Hearing, the Foreclosure Hearing, Notice of Sale, Posting and Publishing Notice of Sale; Time of Sale, Place of Sale, Requirement of cash deposit at sale, Upset bid process, Orders for possession, Failure of bidder to comply with bid, Surplus proceeds, Final report of Sale, and Home Loans.
Fair Debt Collection Practices
Brooks Bossong
June 9, 2011
Statutory Frameworks for Federal and State Law relating to the collection of debts based on “consumer transactions.”
Federal Law: The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., was enacted in 1978 as Title VIII of the Consumer Credit Protection Act. Commonly referred to as “The Fair Debt Collection Practices Act.”
North Carolina State law: Prohibited Acts by Debt Collectors, N.C.G.S. § 75-50 et seq., was enacted in 1989 (Chapter 75, Article 2, Prohibited Acts by Debt Collectors under the Unfair and Deceptive Trade Practices Act). Sometimes referred to as “The North Carolina Debt Collection Act.”
State Court Collections - South Carolina
Rose Manos
May 26, 2011
Nine Things to Know:
1. Learn About Your Client and the Debtor
2. Make Sure Your Client Has Complied with the Law
3. Make Sure You Do Not Miss a Statute of Limitations
4. Make Sure You File Your Lawsuit in the Proper Court
5. Read, re-read and Follow the South Carolina Rules of Civil Procedure
6. Don’t Start a Claim and Delivery Action Unless You and the Client Know What to Expect
7. Don’t Seek a Pre-judgment Attachment Unless You and Your Client Know What to Expect
8. Know the Exemptions and Tell Your Client About Them
9. Your Client What She Can Expect to Receive in a Successful Collection Case
State Court Collections - North Carolina
Brooks Bossong
May 19, 2011
Single Real Estate Asset - Some Basic Concepts and Current Issues
Ben Kahn
May 5, 2011
With the uncertain and difficult times, we are seeing more and more failures with land development projects. Many of these developments qualify as single asset real estate (“SARE”). In 2005, Congress amended the United States Bankruptcy Code (the “Code”) to provide for certain specific treatment and provisions with respect to SARE. This talk is intended as an introduction to some issues arising out of SARE cases. This is not intended as a comprehensive discussion of the myriad issues that may arise in SARE cases, and, as is always the case in any Chapter 11 bankruptcy filing, qualified bankruptcy counsel should be consulted.
Fradulent Transfers
Christy Myatt
April 28, 2011
Avoidence of fraudulent transfers differs from avoidance of preferences. Preferences represent legitimate payments honestly owed; a fraudulent transfer generally is viewed as one that skews the division of property among creditors and wrongfully depletes the estate—although such is not always the case. While preference avoidance aims to ensure that all unsecured creditors are treated equally, the avoidance of fraudulent transfer focuses on the relationship between the debtor and the creditor.
Preference Actions
Christy Myatt
April 21, 2011
The preference provisions of the Bankruptcy Code allow a trustee to recover transfers made to creditors during ninety (90) days prior to the petition date (the “preference period”) in order to share the value of the transferred property among all creditors. The concept of preference recovery was designed as way to help all creditors share the pain of a bankruptcy filing, and to prevent the debtor (or circumstances) from “preferring” one creditor over another.
Section 363 Sales
Julio E. Mendoza, Jr.
April 14, 2011
The sale of assets in a bankruptcy under the 11 U.S.C. § 363 sale provisions has become an often beneficial and desirable means for the realization of value of property in situations involving a distressed owner, or where asserted liens and interests in the property would cause an elongated sale process outside of bankruptcy, or where the purchaser seeks protection from the potential claims of creditors of the property owner. This material is intended to provide an overview of sales under Section 363 of the United States Bankruptcy Code (11 U.S.C. § 101, et seq.).
Forbearance Agreements
Benjamin A. Kahn
April 7, 2011
Given the current economic conditions, creditors repeatedly are faced with the decision whether to foreclose upon or to repossess collateral that may or may not be readily convertible into proceeds, or to enter forbearance agreements with their borrowers in what frequently amounts to last-ditch efforts to see if the borrower might improve its business to the point that repayment of the obligation becomes a viable option. With many forbearance agreements being followed up by bankruptcy petitions, there are a number of considerations that lenders should have in mind when considering and drafting forbearance agreements. This webinar is intended to be a short overview of some of the central bankruptcy considerations in drafting forbearance agreements. It is not intended as a comprehensive analysis of all issues that may arise in the context of pre-bankruptcy work-outs or complex forbearance agreements. As with any debtor/creditor documents, parties should consult counsel.
State Court Receiverships and Assignments for Benefit of Creditors
Christy Myatt
March 31, 2011
When questions arise regarding the available options for liquidation of a company, or preservation of a company’s assets, contact one of the members of the Bankruptcy/Creditor’s Rights Group at Nexsen Pruet for advice.
Motions for Relief from Stay
Suzanne Grigg
March 24, 2011
Liquidations / Dissolutions - Issues Related to Closing Down a Business
Christy Myatt
March 17, 2011
Issues related to closing down a business -
- Why Should You Shut the Doors
- How Do You Shut the Doors - Procedural Options
- When Should You Shut the Doors - Timing Issues
- Fiduciary Obligations in Shutting the Doors
- Employment of Professionals - Attorneys and Accountants
- Dealing with Creditors and Customers
- Mechanics of an Out of Court Liquidation
Dealing with Troubled Companies
Christy Myatt
March 10, 2011
Doing business with troubled companies can result in your own company incurring significant losses. Learn what you should do to protect your business against a customer’s bankruptcy; what pre-bankruptcy remedies are available upon a customer’s default; and what impact bankruptcy may have on your collection strategies.
Accountant's Role in Bankruptcy and Bankruptcy Related Tax Issues
November 1, 2009
Presented by Christy Myatt at the NCCPA Annual Tax Seminar in November 2009.
An Overview of Chapter 11 for the Non-Bankruptcy Lawyer
Ben Kahn
Chapter 11 is an extremely complex process with a myriad of issues, deadlines, and procedures. This manuscript was written and is intended as a summary overview and to provide the reader with a general understanding of the Chapter 11 process. It is not intended to be a comprehensive list of all issues, procedures, and property rights that arise during any given Chapter 11 case. As with any issue arising in other bankruptcy chapters, a qualified bankruptcy practitioner should be consulted with respect to every Chapter 11 filing.
It's Not Too Late in N.C. to Continue A UCC-1 Financing Statement After the June 30, 2006 Cut-Off Date!
Christy Myatt
July 28, 2006
Just in case you missed the June 30, 2006 cut-off date for continuing your UCC-1 financing statement, all is not lost.
Equitable Considerations in Removal
Amy H. Geddes
South Carolina Lawyer July 1, 2004
Recent Case law around the country indicates that, like many things in the law, the answer to the removal question of "Is one year the final answer?" may not be black or white or yes or no, but now more a gray "maybe."
The New South Carolina Employee Handbook Law: Frequently Asked Questions
David E. Dubberly and James C. Leventis
2004
The new law specifies under what circumstances employee handbooks as well as personnel manuals, policies, and other documents may not be considered contracts of employment.
Unchartered Waters: The New Value Exception to the Absolute Priority Rule After La Salle
Julio E. Mendoza, Jr.
August 18, 2000
These materials discuss the unresolved status of the New Value Corollary to the Absolute Priority Rule, a device often used in Chapter 11 bankruptcy cases in regard to plan confirmation issues.
Bankruptcy - Current Issues and Impact on Other Practice Areas
Julio E. (Rick) Mendoza, Jr.
April 13, 2000
Program for non-bankruptcy attorneys: Basic bankruptcy implications to consider.
What You Need to Know When One of Your Customers Files Bankruptcy
by Robert C. Byrd and Julio E. (Rick) Mendoza
From the Law Journal, An Executive's Guide to the Law. A special supplement to the Charleston Regional Business Journal April 1, 1998
Highlights a few important aspects of bankruptcy of which you need to be aware.
Homeowners in the Workplace: Are Their Torts Covered? The Business Pursuits Exclusion
T. Eugene Allen, III and I. Rose Duggan
FICC Quarterly, vol. 45, no. 4, summer 1995 May 10, 1996
This paper examines the issues which surround the question of whether or not homeowner's insurance will cover a liability incurred while the insured is engaged in workplace activities.
Deficiency Judgments in Foreclosure Actions
T. Eugene Allen, III
A primer of the requirements when the foreclosing client seeks a money judgment after the foreclosure sale.
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