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 & Coll...

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...

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 businesse...

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...

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 m...

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...

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 matte...

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 volum...

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 commerci...

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 pr...