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Defense of a Preference Claim
Defense of a Preference Claim By James B. Angell There is no experience in a bankruptcy case more frustrating to our clients than a preference claim. A preference action typically presents itself as follows: A company owes money to our client for goods or services and is late in making payments. The […]
Are you a critical vendor?
By James B. Angell What is a critical vendor? After a chapter 11 bankruptcy is filed, the debtor often needs goods or services from its vendors that are critical to the debtor’s ability to stay in business. Although the general rule is that claims that arose before the case was filed (often called “prepetition […]
Methods for Protecting Your Claims from Discharge
Methods for Protecting Your Claims from Discharge: Exceptions to Dischargeability By Nicholas C. Brown When an individual files a bankruptcy case, creditors without collateral will often throw up their hands in defeat. To be sure, the bankruptcy discharge is a powerful tool that entitles debtors to a fresh financial start. However, certain types of debt […]
NCDOT is making plans for the next two decades
NCDOT is making plans for the next two decades – What do you need to know? A new Interactive Map provides answers! By B. Joan Davis Every two years the NCDOT reports on the status of the state’s highway projects, detailing funding and schedules for construction. The state released the draft 2018-2027 report earlier this […]
Will Contest in Wake County, North Carolina
The Procedure to File a Will Contest in Wake County, North Carolina By Douglas D. Noreen With the continued relocation of parents and other retirees to the Raleigh area, there are becoming an increasing number of will contests being filed in Wake County. For out-of-state family members or other interested parties, or even those located […]
Fraudulent Joinder
By Elizabeth C. Buckley Parties in litigation often dispute the choice of venue for their case. Generally speaking, a plaintiff in an action—who is allegedly the “wronged” party—has the privilege of choosing the venue in which to file suit. However, there are various bases upon which a Defendant can request a change of venue. Foreign […]
Christmas and Bankruptcy
A Trustee’s Point of View. By James B. Angell Christmas Spending. As we make our way through the holidays, we tend to spend money to get the right gift for the right person. In 2015, the average spending per person during the holiday season was over $800.00, only the second year in history of spending […]
Bare Bones Duties of HOA Board Members
Is Your HOA Board Doing the Basics? By Brian E. Moore Congratulations, you have just been elected to the board of directors of your homeowners association! Your victory might have come after a hard-fought and hotly contested election or more, likely, you were one of a few who showed-up at the annual members’ meeting and […]
Eminent Domain
WHY HOWARD STALLINGS FOR YOUR CONDEMNATION CASE? By B. JOAN DAVIS At Howard, Stallings, From, Atkins, Angell & Davis, P.A. , we have a proven track record of success. We bring our experience and expertise to each case to address the client’s concerns with creative solutions that usually include both monetary and critical non-monetary concessions […]
Two birds with one stone
Obtaining bankruptcy-proof judgments: Two birds with one stone. By James B. Angell A bankruptcy will discharge individuals of most judgments, but not all. Certain claims may be excepted from a debtor’s bankruptcy discharge based on how the claim arose. For example, claims “for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny”, […]
