December 15, 2017

Warning to Creditors:  The Clock Is Ticking

In a case of first impression, the North Carolina Court of Appeals recently held that a creditor’s fraudulent conveyance claim was time-barred, even though the creditor did not know about…

April 21, 2016

“Big Box” and Other Retail Tenant Bankruptcies – What Is a Commercial Landlord to Do?

Bankruptcies in the retail space are prevalent these days. Some of the more recent and prominent bankruptcies are Pacific Sunwear, Sports Authority, American Apparel and RadioShack. Even if…

June 17, 2015

NC Creditors’ Rights Attorneys Unite!

The North Carolina Creditors Bar Association (“NCCBA”) is a specialty bar association that provides support to attorneys across the state who practice creditors’ rights…

May 7, 2015

Electronic Signatures–Same as Paper in North Carolina

Although electronic signatures have maintained an “equivalent to paper signature” status in North Carolina since 1998, their current use in commerce has remained surprisingly minimal. Perhaps that is about to…

February 23, 2015

Why Social Media Should Not Be Ignored

At the annual Equipment Leasing and Finance Association’s (ELFA) Convention this past October, our social media panel discussion was surprisingly well attended. Such interest was unexpected because there…

January 8, 2015

New Year, New Legislation: Changes to Real Property Law for 2015

On January 1, 2015, two real estate laws went into effect in North Carolina.

Here’s what you need to know:

The Residential Property Disclosure Act

Under the Regulatory Reform…

July 1, 2014

Five Things to Keep in Mind When Your Customer Files Chapter 11

It’s rarely good news when your customer files a Chapter 11 bankruptcy. However, when it happens, you can prevent a bad situation from becoming worse by adhering to these five…

March 28, 2013

Good news for subcontractors and material suppliers regarding mechanics lien claims in NC

In a case closely followed by the subcontractor and supply house industry in North Carolina, the U.S. District Court for the Eastern District of North Carolina held yesterday that filing…

March 19, 2012

Twice in One Month, Federal Decisions Have Strengthened Subcontractors’ and Suppliers’ Lien Rights in NC

Our firm’s article in the February 28, 2012 edition of North Carolina Construction News discussed the then recent ruling questioning the 2009 decisions of the…

February 27, 2012

Mammoth Grading, Inc. Decision Impacts Lien Rights of North Carolina Subcontractors and Suppliers

This appeal began with the filing of the two now infamous cases, In re Harrelson Utilities, Inc. No. 09-028158 (E.D.N.C. Bankr. July 30, 2009), and In re Mammoth Grading, Inc.,…

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