Caren D. Enloe
Partner


Areas of Practice:
Lender Liability Defense / Commercial Bankruptcy and Reorganization / Creditors' Rights / Construction Law / Equipment Leasing & Finance  

Raleigh Office:
Landmark Center
4601 Six Forks Road
Suite 400
Raleigh, North Carolina 27609
(919) 250-2125 Direct Phone
(919) 250-2100 Fax
cenlod@smithdebnamlaw.com

Administrative Contact:
Mark DeCicco, paralegal
(919) 250-2231 Direct Phone
mdecicco@smithdebnamlaw.com

Caren Enloe concentrates her practice in commercial litigation with an emphasis in creditors’ rights, including the defense of creditors under a variety of federal and state consumer protection statutes, commercial and consumer creditor bankruptcy, and construction litigation. She is experienced in handling a variety of types of litigation involving creditors rights including lender defense matters, as well as commercial and retail collection matters. Ms. Enloe has handled matters in North Carolina’s federal and state trial courts, as well as the North Carolina Court of Appeals and North Carolina Supreme Court.

She has defended consumer financial service providers and collection agencies in numerous actions involving purported violations of a variety of consumer protection laws, including the North Carolina and federal Fair Debt Collection Practices Acts, the federal Consumer Leasing Act, the federal Truth in Lending Act, the federal Equal Credit Opportunity Act, the federal Fair Credit Reporting Act and the federal Fair Credit Billing Act.

She also provides state wide representation for a number of clients who finance and/or lease agricultural and heavy equipment in state court, as well as bankruptcy matters under Chapters 7, 11, 12 and 13. 

With respect to her construction practice, Ms. Enloe has represented materialmen, as well as owners, architects and general contractors in matters involving both materialman’s liens, as well as construction defects in North Carolina’s state and federal courts, as well as through arbitration under the auspices of the American Arbitration Association. 

An active educator, Ms. Enloe has written materials for and spoken to various trade groups, as well as for attorneys on a wide variety of topics, including: Chapter 44A mechanics and materialmen’s liens, advanced construction litigation, creditor’s rights in bankruptcy, the federal and state Occupational Safety and Health Act (“OSHA”), the federal Fair Housing Act, the federal Equal Credit Opportunity Act, the federal Fair Debt Collection Practices Act, the federal Fair Credit Reporting Act, the North Carolina fair debt statutes, Revised Article Nine of the Commercial Code and contract issues arising in construction.

Admissions

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North Carolina State Bar

U.S. District Courts for Eastern, Middle, Western District of North Carolina

Education

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J.D., cum laude, Campbell University School of Law, 1990
          Campbell Law Review
          National Moot Court Team
          Order of the Barristers
          Omicron Delta Kappa

B.A., B.M., Appalachian State University, 1986

Professional Affiliations

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Wake County Bar Association

North Carolina Bar Association
          Executive Council, North Carolina Young Lawyers Division (1996-
          2001)
          Division Director, North Carolina Young Lawyers Division (1998-
          1999)
          Member, Construction Law Section
          Member, Bankruptcy Section
          Member, Litigation Section

American Bar Association
          Member, Business Law Section
                    Member, Consumer Financial Services Committee
                    Member, Commercial Financial Services Committee
          Member, Litigation Section 
                    Member, Construction Forum

Consumer Bankers Association
          Associate Member

American Collectors Association
          2007-2009 North Carolina State Chair, Members' Attorney
          Program

Raleigh Wake Homebuilders Association
          Education Committee (1996 – present)

Representative Cases

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In re Alexander Scott Homes, 1996 U.S. Dist. LEXIS 10121  (M.D.N.C. 1996) (represented competing lien claimant regarding the priority of claims of lien against property)

Coastal Leasing Corporation v. T Bar S Corp., 128 N.C. App. 379; 496 S.E.2d 795 (1998) (represented appellee/lessor regarding the enforcement of the damages provision of a true lease)

Barclays Bank PLC v. Johnson, 129 N.C. App. 370; 499 S.E.2d 768 (1998) (represented appellee holder in due course regarding the status of the promissory as a negotiable instrument) 

Martin Architectural Products v. Meridian Construction Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002) (represented appellant/owner regarding the enforceability of a claim of lien on funds)

Estate Of Shelia Williams-Moore v. Alliance One Receivables Management, Inc., et al. 2004 U.S. Dist. LEXIS 19075, affirmed, 335 F. Supp. 2d 636  (M.D.N.C. 2004) (defended collection agency regarding 42 U.S.C. §1981 claim)

Stafford v. Discover Bank, 2004 U.S. Dist. LEXIS 26295  (M.D.N.C. 2004) (defended creditor regarding Federal Arbitration Act enforcement action)

Holmes v. MBNA America Bank, N.A., 2007 U.S. Dist. LEXIS 22601 (W.D.N.C. 2007) (defended creditor and law firm regarding federal RICO claims arising from their actions in collecting a debt)

Published Articles

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Zealous Representation: a Delicate Balancing Act, YLD Newsletter, North Carolina Bar Association Division of Young Lawyers (1993)

United States Supreme Court Extends Applications of Fair Debt Collection Practices Act to Attorneys’ Litigation Practices, The Litigator, North Carolina Bar Association Litigation Section (1995)

When Your Car is a Lemon, Legal Insights, Smith Debnam (2002)

Co-Author and Speaker, Advanced Construction Law in North Carolina, National Business Institute (2001, 2002)

Co-Author, Revised Article 9, Lorman Education Services (2001)

Co-Author and Speaker, Mechanics’ Lien Law and Strategies in North Carolina, National Business Institute (2001, 2002)

Co-Author and Speaker, Creditors’ Rights in Bankruptcy, Sterling Education Services (2002)

Co-Author and Speaker, Complying with Federal Mortgage Lending Laws in North Carolina, Lorman Education Services (2006)

Co-Author and Speaker, Current Lending Compliance Issues, Lorman Education Services (2006)

Speaker, Trips, Traps and Tricks for Banks Collecting their Own Debts, Consumer Bankers Association, Collections Conference (2007)

Civic Involvement

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Triangle Brass Band, Member 

North Carolina Jazz Repertory Orchestra, Member

Middle Creek High School Band, Volunteer 

Fuquay Varina Elementary School PTA, Secretary 

First United Methodist Church (Fuquay Varina, NC), Member