By Cole Hayes Your client bought into an existing business after reviewing the books, which showed a six-figure net revenue. He was shown letters of intent from eight new customers promising to double that figure in a year. Unfortunately, it was all a sham; the business had not actually turned a profit since 2015. Your […]
By Rebecca F. Redwine Last year marked the fifth year that the Pro Bono Committee of the NCBA Bankruptcy Section presented one of its members with the Outstanding Achievement in Pro Bono Award. Prior award winners include Ciara Rogers (2015), Jennifer Bennington (2016), Matt Crow (2017), and Michael Martinez (2018). Our committee reviewed several incredible […]
By Abigail Henderson In addition to explicitly creating certain procedures and means of protection for debtors and creditors in bankruptcy, Bankruptcy Code provisions define the Trustee’s role and the extent of the Trustee’s powers in bankruptcy proceedings. The effect of the Code is twofold: it both equips the Trustee with the powers necessary to perform […]
By Bankruptcy Section Editors Don’t miss the 2019 North Carolina Bankruptcy Institute, November 22-23, 2019, in Wilmington! Not only is this a great opportunity to network with your colleagues across the state, but the seminar itself includes, among other things: Roundtable discussions with North Carolina’s sitting bankruptcy judges; A history panel discussion with two retired […]
By John Small Dear Members of the Bankruptcy Section: The first Bankruptcy Section Council meeting was held on August 22 in Raleigh. The Council adopted the Section’s budget for 2019-20 fiscal year. The budget provides for more funds for networking events and for certain costs related to the 2019 Annual Bankruptcy Institute, including $4,000 to […]
By Daniel Cohn The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram down is where a debtor bifurcates a creditor’s claim into a secured claim (in the amount of the value […]
By Rebecca F. Redwine Bankruptcy attorneys bring renewed hope and greater stability to our NC communities through skillful pro bono work. Excellence in this vital task deserves to be acknowledged, and the North Carolina Bar Association Bankruptcy Law Section will be celebrating the exemplary pro bono efforts of at least one of its own on […]
By John Small Dear Members of the Bankruptcy Section: It is my privilege to serve as chair of the Bankruptcy Section during this fiscal year. The Section leadership is looking forward to a great year. You can find the officers, council members and committee chairs for the Bankruptcy Section by going to its webpage on […]
By Ciara L. Rogers The Stubbs Bankruptcy Clinic, a clinical program provided by Campbell University’s Norman A. Wiggins School of Law, began in the fall of 2014. The clinic was created to assist low-income individuals who would otherwise not have access to legal representation during the bankruptcy process. In the nine semesters that it has […]
By Francisco Morales and Chris Michalec The ever-evolving world of technology and cybersecurity present a unique set of challenges to businesses of all shapes and sizes. Security breaches are so commonplace these days that it’s no longer about “if” you will be hacked, but “when.” In an address at a major information security conference in […]