July 2011

Location May Make A Difference

By James Vann

July 26, 2011

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We have all heard the phrase “location, location, location”. Well, according to a July 18, 2011 article in the Wall Street Journal the location of your pending lawsuit could make a difference in the outcome of consumer debt collections. http://online.wsj.com/article/SB10001424052702303365804576433763597389214.html Consumer debt is different from commercial debt but many of the same type issues arise. Most of our cases are commercial or business debt recovery where we represent the business …Read More

Commercial Real Estate Brokers Given Chapter 44A Lien Rights

By Cody Loughridge

July 11, 2011

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On June 17, 2011, Governor Beverly E. Purdue signed into law the “Commercial Real Estate Broker Lien Act” which bestowed upon commercial real estate brokers the ability to file liens on commercial real estate in the amount that the broker is due under a written agreement for broker services, signed by the owner or the owner’s agent. The Commercial Real Estate Broker Lien Act, which began as House Bill 174 …Read More

Court Fee Changes

By Nan Hannah

July 4, 2011

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In an effort to close the revenue gap in the state budget without raising taxes, the General Assembly increased court fees with the new fees becoming effective July 1, 2011. The funds generated by the increased fees will, for the most part, revert to the General Fund, though a small portion of the fee increase for District Court filings will be used to fund Legal Aid of North Carolina. The …Read More

Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

By James Vann

July 1, 2011

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Creditors should be aware that there are contexts in which payment can be exacted from a debtor without fear that the transfer will be avoidable at some future date.

−Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy. To add insult to injury, there is a risk that any recently received payment or settlement might be recaptured by the bankruptcy trustee as a preferential transfer or “preference.” The first thing to remember if you receive a letter from the bankruptcy trustee requesting money to be returned to the …Read More

North Carolina General Assembly Ratifies E-Verify Legislation

By Cody Loughridge

July 1, 2011

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The consequences for failing to participate in the E-Verify program, once an employer falls under the legislation’s purview, are graduated.

−North Carolina General Assembly Ratifies E-Verify Legislation

According to the U.S. Citizen and Immigration Services, E-Verify is described as “an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification to data from U.S. Department of Homeland Security and Social Security Administration records” in order to confirm employment eligibility. If the information matches, the employee is eligible for employment. While compliance with Form I-9 is mandatory, participation in E-Verify is currently voluntary for most …Read More