Spousal Guarantees | Raleigh Law Firm

Obviously, creditors would like to obtain as much security as possible prior to making a loan, but it is also important to keep in mind the Equal Credit Opportunity Act (ECOA). For anyone not familiar with the ECOA, it is a federal law that prohibits lenders from discriminating against borrowers based on their race, religion, national origin, sex, or marital …

Does Drafting a Contract Really Require Learning Legalese?

Attorneys are often accused of writing overly complex and confusing documents, and nowhere does this seem to occur more often than in contracts – whether leases, purchase agreements, settlement agreements, or non-compete agreements. This type of writing includes phrases that only seem to exist in old books and new contracts – for example, “hereinbefore” instead of “above.” There are a …

Electronic Signatures Gain Official Approval From North Carolina Court

Digital signatures have finally  been officially approved by the North Carolina Court of Appeals. In a recent decision by the North Carolina  Court of Appeals in Powell vs. City  of Newton, the Court enforced a settlement agreement even though no settlement  agreement had actually been  signed. As far as we know, this is the first reference to this statute by …

Have You or Your Business Encountered Customers Filing for Bankruptcy?

Bankruptcy filings by customers continue to be an issue which business owners must deal with. According to reports recently released, third quarter 2009 bankruptcy filings increased by 33% compared to 2008. However, the third quarter 2009 business bankruptcy filings were slightly lower than the second quarter for 2009. If you or your business encounter customers and/or vendors filing for bankruptcy, …

Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction

Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction By James R. VannAttorney at Law   We had a webinar on this topic on Tuesday, May 13, 2014 from 3:00 – 3:30 p.m.   Our webinar was titled : Handling Money of Others – Sales Tax, Escheat Property & Cashing Checks.  Visit our event page for details. You have …

Bankruptcy, Dismissal & Statutes of Limitation: A Landmine For The Unwary

Bankruptcy, Dismissal & Statutes of Limitation: A Landmine For The Unwary By James R. VannAttorney at Law   A recent opinion issued by the North Carolina Court of Appeals should serve to remind all creditors of the necessity of vigilance when a debtor is in bankruptcy. In Person Earth Movers, Inc. v. Buckland,N.C. App. , 525 S.E.2d 230 (2000), the …