Blog
341 Hearings Return to The Old Century Station
Historically, the upper floors of the Century Station building at 300 Fayetteville St. was bankruptcy land in Raleigh. The old second-empire building housed the court rooms, judge’s chambers, 341 hearings, the clerk of the bankruptcy court, and the Bankruptcy Administrator….
Pre-Bankruptcy Planning Allowed
Here is a common set of facts: A potential client comes into our office. During the conversation we learn that the potential client owns assets that would be vulnerable to liquidation by a trustee in a chapter 7 case. Maybe the asset is $10,000 in a…
What the State Attorneys General Settlement Means for You
If you’ve spent much time listening to the news this week, you’ve probably heard about the settlement reached by 49 state attorneys general and the five largest mortgage providers arising from sloppy foreclosure procedures. And don’t worry, North Carolina wasn’t the lone state that…
New York Times Study Suggests Racial Bias in Chapter 13 Cases
A lot of factors are considered when helping a client choose what bankruptcy chapter to file. The New York Times published a story last week alleging that an unspoken factor considered by some bankruptcy attorneys is a client’s race. We’ll leave aside,…
The Difference Between a House and a Home
This month, The New Yorker ran one of those articles that seemed a lot more common a year ago. In it, they described the phenomenon of simply walking away from real estate where the loan exceeds the value of the property. The…
Wall Street Journal Article About Post-bankruptcy Collection
Today’s Wall Street Journal had a story about Capital One continuing to collect on debt that had been discharged in bankruptcy cases. It’s not uncommon for a stray collection letter or two to make their way to a debtor’s mail…
When Life Interrupts Your Chapter 13 Case
Chapter 13 cases can last a long time, often up to five years. All kinds of things can happen during that time: jobs lost, jobs found, children come, children go, and unexpected medical expenses can arise. Most of life’s changes don’t affect a chapter…
The Morality of Bankruptcy
We take our religious piety pretty seriously around here, so when a client expresses dismay over the ethical dilemmas that bankruptcy invites, we listen carefully. The last thing we want to do is shrug off the spiritual components of our clients’ financial…
Limiting the Affects of a State Court Judgment
Our litigation attorney, Cort Walker, had a nice win a couple of weeks ago that earned himself a few paragraphs in Lawyer’s Weekly. Here’s a quick summary of the case: 1) Certain kinds of debts (like debt incurred by fraud)…
An Appeal to the Fourth Circuit
First, a quick civics review: legal actions are brought in either state court or federal court, depending on the jurisdictional features of a given claim. Bankruptcy matters are heard in federal court, which is why, in Raleigh, the bankruptcy courtrooms…
