Creditors' Corner LEGAL TALK

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Smith Debnam's Creditors' Corner Legal Talk Podcast Series explores regulatory and litigation trends impacting the consumer financial services industry. Become well-versed in state laws, federal laws, news from the supreme court, and the latest updates an

Smith Debnam Narron Drake Saintsing & Myers, LLP


    • May 9, 2022 LATEST EPISODE
    • infrequent NEW EPISODES
    • 22m AVG DURATION
    • 21 EPISODES


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    Latest episodes from Creditors' Corner LEGAL TALK

    Post Judgment Collections in North Carolina

    Play Episode Listen Later May 9, 2022 14:46


    In this episode, Smith Debnam attorneys Christina McAlpin Taylor and Melissa Tulis discuss how Post Judgment Collections work in North Carolina.Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm's Creditors' Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University's 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women's Roundtable Board of Directors.Melissa Tulis is an associate in the firm's Creditors' Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

    Current Developments in Student Loan Relief

    Play Episode Listen Later May 4, 2022 42:01


    In today's episode, Smith Debnam attorneys Landon Van Winkle and Garret Kirkpatrick discuss the growing issue of student loans in the U.S., including how those loans are treated in bankruptcy, and how recent regulatory and legislative developments may provide relief to student borrowers in the future. Landon Van Winkle is an associate within the firm's Consumer Financial Services Compliance & Litigation practice group where he assists clients with pre-suit negotiations and litigation in matters involving consumer financial services litigation and compliance and bankruptcy. His areas of practice are Consumer Financial Services Litigation & Compliance, Commercial Creditor Bankruptcy, and Commercial Litigation.Garret Kirkpatrick is a member of the firm's Consumer Financial Services Litigation and Compliance group. In his role, Garret focuses on assisting clients with pre-suit negotiations, litigation, and advocacy in matters involving consumer financial services litigation and compliance, bankruptcy, and commercial litigation.

    FIVE Things You Need to Know About Itemization of Debt for Credit Card Accounts

    Play Episode Listen Later Feb 16, 2022 26:50


    A new regulation has gone into effect this year that has altered the itemization and disclosures to consumers that banks, financial service providers, and creditors have to provide. In this podcast, we'll discuss those changes. Specifically - we discuss what type of itemization credit card providers are required to disclose to the consumer periodically, how much transaction history a credit card provider is required to retain, and for how long.We'll also get into what type of itemization debt buyers are required to disclose to consumers. In particular, we discuss why debt buyers need to pay attention to the North Carolina statute related to debt buyers. We also talk about the type of itemization debt collectors are required to disclose to consumers. At the conclusion of this podcast, you'll have a better understanding of what itemization is and how it's defined by Reg F, and how it's defined by the North Carolina Debt Buyer Statute. Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm's Creditors' Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University's 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women's Roundtable Board of Directors.Melissa Tulis is an associate in the firm's Creditors' Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

    Compliance with the Uniform Commercial Code Regarding Pre and Post Sale Notices in NC & SC

    Play Episode Listen Later Sep 30, 2021 27:03


    In today's episode, attorneys Garret Kirkpatrick, Ron Jones, and John Sperati explore what creditors need to know in order to remain fully compliant with the Uniform Commercial Code when sending pre-and post-sale deficiency notices to debtors in North Carolina and South Carolina. Garret Kirkpatrick is a member of the firm's Consumer Financial Services Litigation and Compliance group. In his role, Garret focuses on assisting clients with pre-suit negotiations, litigation, and advocacy in matters involving consumer financial services litigation and compliance, bankruptcy, and commercial litigation.Ron Jones is a partner at Smith Debnam and a certified specialist in bankruptcy and debtor-creditor law by the South Carolina Supreme Court. Ron concentrates his practice in the areas of commercial law and bankruptcy, including all areas of creditors' rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors' committees, and occasionally, debtors.John Sperati is a partner and member of Smith Debnam's Creditors' Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors' rights. 

    The Debt Collection Rule and Email Communications with Consumers

    Play Episode Listen Later Sep 15, 2021 20:25


    In today's episode, attorneys Melissa Tulis and Christina McAlpin Taylor discuss what the new debt collection rule says about communicating with consumers via email. Our discussion will cover the handoff letter, opt-out options, and how best to verify a consumer's email address.Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm's Creditors' Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University's 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women's Roundtable Board of Directors.Melissa Tulis is an associate in the firm's Creditors' Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

    DO's and DON'Ts for Filing Proofs of Claim in Bankruptcy

    Play Episode Listen Later Jun 18, 2021 42:08


    As we emerge from the pandemic and business gets back to normal, we thought today would be a great time to talk about some of the big do's and don'ts for filing proofs of claim in bankruptcy. Featured speakers today include attorneys Jeff Rogers, Caren Enloe, and John Sperati. **Jeff Rogers leads the firm's Foreclosure and Collateral Recovery Section. He joined Smith Debnam in 1994 and concentrates his practice in areas affecting the financial services industry. His practice includes commercial litigation, real property litigation, foreclosure, collateral recovery, bankruptcy, title reformation, and consumer finance litigation. His clients include banks, credit unions, commercial lenders, loan servicers, finance companies, title insurance companies, and other similar businesses.His experience has afforded him the opportunity to frequently speak on topics of interest to secured creditors, including residential and commercial foreclosure, compliance and regulatory issues, collections, collateral recovery, and title reformation. Jeff has spoken at programs and continuing legal education courses sponsored by Campbell University School of Law, the North Carolina Assistant Clerks of Court Conference, the North Carolina Bar Association, the North Carolina Creditors Bar Association, the North Carolina Bankers Association, and the North Carolina School of Government.**Caren Enloe leads Smith Debnam's Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. **John Sperati is a partner and member of Smith Debnam's Creditors' Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors' rights. 

    Title Reformation and Curative Actions

    Play Episode Listen Later Jun 4, 2021 20:32


    In today's episode, attorneys Caren Enloe and Jeff Rogers discuss defects in title affecting the title to real property, including how those defects are discovered, and how they can be cured. Topics we cover include title reformation and quiet title actions.Jeff Rogers leads the firm's Foreclosure and Collateral Recovery Section. He joined Smith Debnam in 1994 and concentrates his practice in areas affecting the financial services industry. His practice includes commercial litigation, real property litigation, foreclosure, collateral recovery, bankruptcy, title reformation, and consumer finance litigation. His clients include banks, credit unions, commercial lenders, loan servicers, finance companies, title insurance companies, and other similar businesses.For over 30 years, Jeff has devoted his practice to a wide range of creditor-related areas of the law. Over his years of practice, Jeff has assisted members of the financial services industry with most every type of matter and dispute that could be faced by a creditor. Whether an easement dispute, real estate title dispute, bankruptcy filing, defective loan document, foreclosure, or recovery of secured collateral, there are very few issues he has not handled for his clients.His experience has afforded him the opportunity to frequently speak on topics of interest to secured creditors, including residential and commercial foreclosure, compliance and regulatory issues, collections, collateral recovery, and title reformation. Jeff has spoken at programs and continuing legal education courses sponsored by Campbell University School of Law, the North Carolina Assistant Clerks of Court Conference, the North Carolina Bar Association, the North Carolina Creditors Bar Association, the North Carolina Bankers Association, and the North Carolina School of Government.Caren Enloe leads Smith Debnam's Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association's Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International's Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication.Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. 

    The Bona Fide Error Defense

    Play Episode Listen Later May 28, 2021 25:20


    In this episode, attorneys Jerry Myers and Caren Enloe discuss the Bona Fide Error Defense under the Fair Debt Collection Practices Act, including what a Bona Fide Error Defense is and how a collector may use it to their advantage. We also outline some of its disadvantages as well.Caren Enloe leads Smith Debnam's Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association's Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International's Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  Jerry Myers is Smith Debnam's Managing Partner. He concentrates his practice in the area of creditors' rights, with an emphasis on debt collection, judgment enforcement, and commercial litigation. Jerry served as President of the Commercial Law League of America, an organization of creditors' rights professionals, and is certified in the field of Creditors' Rights Law by the American Board of Certifications. Jerry is an active member of the National Creditors Bar Association, presenting CLE programs and serving on committees. Jerry was also instrumental in forming the North Carolina Creditors' Bar Association, a specialty bar whose members are committed to advocating for the rights of lenders and others in the credit and collections industry.Jerry's practice includes litigation, regulatory compliance, and licensing matters, and general business representation. He has practiced in the creditors' rights field for more than 30 years and has written and lectured extensively on debt collection and judgment enforcement. Jerry has presented CLE programs sponsored by institutions including Wake Forest University School of Law, the North Carolina Bar Foundation, the Commercial Law League of America, and the National Creditors Bar Association.

    NC Court of Appeals Confirms Key Rule Benefitting Judgment-Creditors

    Play Episode Listen Later Apr 23, 2021 10:48


    In today's episode, attorneys Joseph Davies and Caren Enloe explore the new unpublished opinion from the North Carolina Court of Appeals that confirms the use of judicial liens as leverage by judgment creditors for collecting their judgments. See also: ArticleJoe Davies is a member of the Smith Debnam's construction law group and has an extensive background in lien filings and construction litigation. He represents construction companies and small business owners in lease negotiations and complex litigation matters. His clients include general contractors and subcontractors, as well as property managers, landlords, commercial tenants, equipment rental companies, and building material suppliers.Caren Enloe leads Smith Debnam's consumer financial services litigation and compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association's Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International's Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  

    Reining in the Stalking Horse – Bad Faith Allegations and § 363(m)

    Play Episode Listen Later Apr 20, 2021 12:42


    In this episode, Smith Debnam attorneys Ron Jones and Landon Van Winkle discuss the § 363 asset sale process used in bankruptcy cases, the use of stalking horse bidders in asset sales, and the protections afforded to a winning bidder under § 363(m).Ron Jones is a partner at Smith Debnam and a certified specialist in bankruptcy and debtor-creditor law by the South Carolina Supreme Court. Ron concentrates his practice in the areas of commercial law and bankruptcy, including all areas of creditors' rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors' committees, and occasionally, debtors.Landon Van Winkle is an associate within the firm's Consumer Financial Services Compliance & Litigation practice group where he assists clients with pre-suit negotiations and litigation in matters involving consumer financial services litigation and compliance and bankruptcy. His areas of practice are Consumer Financial Services Litigation & Compliance, Commercial Creditor Bankruptcy, and Commercial Litigation.

    Road Warriors - Tips for Motion Practices across North Carolina and South Carolina

    Play Episode Listen Later Apr 19, 2021 21:09


    In today's episode, attorneys Christina McAlpin Taylor and Melissa Tulis share the lessons they've learned from traveling to motion hearings across North and South Carolina. Within each state, every county's court functions a little different, with distinct rules and processes. From differences in security lines to the types of motions allowed – Christina and Melissa have seen it all. Christina is a partner at Smith Debnam and a member of the firm's Creditors' Rights and Collections practice group. She represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions.  In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University's 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women's Roundtable Board of Directors.Melissa is an associate at Smith Debnam and a member of the firm's Creditors' Rights and Collections practice group, where she represents a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

    Picking Apart the New Debt Validation Notice Requirements | Beware the Traps

    Play Episode Listen Later Apr 8, 2021 32:24


    In this episode, Attorney Caren Enloe walks us through the proposed Debt Validation Notice requirements and points out some of the traps that collectors might not catch. And, we discuss why some collectors' policies and procedures may need to change. Hosted by Smith Debnam Managing Partner, Jerry T. Myers. Caren Enloe leads Smith Debnam' s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association's Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International's Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. 

    Mobile Homes and Real Property: A Strained Relationship

    Play Episode Listen Later Jan 22, 2021 15:33


    Foreclosure attorney Jeff Rogers discusses the challenges presented to Creditors regarding mobile homes and their relationship to real property. Episode hosted by attorney Caren Enloe.Related Content:https://www.smithdebnamlaw.com/2020/06/mobile-homes-and-real-property-a-strained-relationship/

    Estate Planning – Dynasty Trusts

    Play Episode Listen Later Jan 12, 2021 19:42


    It would take an act of God: Force Majeure Clauses and their increasing importance in the era of COVID-19

    Play Episode Listen Later Sep 24, 2020 28:16


    In this podcast, moderated by attorney Landon Van Winkle, attorneys Lauren V. Reeves and Eugene (“Gene”) W. Chianelli, Jr., discuss the basic operation of force majeure clauses in modern contracts: including explaining what force majeure clauses are, how they work, and why they are included in certain contracts. We make practical observations about the enforcement of force majeure clauses and some common pitfalls encountered in raising force majeure clauses as defenses. We compare and contrast force majeure with related defenses to contract enforcement, including impossibility, impracticability, and frustration of purpose. We also explore the increasing prevalence and importance of force majeure clauses in contracts in the COVID-19 era.

    Paycheck Protection Program - Forgivable Loans

    Play Episode Listen Later Jun 9, 2020 19:35


    We continue our discussion of the Paycheck Protection Program loan facility, focusing on one of its most business-friendly aspects: forgiveness. This podcast explores how businesses who have received PPP loan funding can apply for relief from their obligations to repay.

    Basics of the Paycheck Protection Program

    Play Episode Listen Later Jun 8, 2020 17:28


    The Paycheck Protection Program (“PPP”) allows for SBA-administered forgivable loans for essential business costs like payroll, benefits, rent, and utilities. The PPP is a key part of the federal government's response to the COVID-19 pandemic and its associated economic fallout. This podcast highlights the basic features of the PPP and tells business owners what they need to know to apply.

    What is an Estate Plan? Part 2 - Revocable Trusts and Probate Avoidance

    Play Episode Listen Later Apr 10, 2020 23:33


    Attorneys Eugene Chianelli and Andrew Bullard discuss more advanced type of estate planning documents, including revocable and irrevocable trusts, and why they can help individuals avoid probate. Attorneys Eugene Chianelli and Andrew Bullard review IRAs, life insurance, and 401ks and discuss whether such assets will avoid probate and the steps individuals should take regarding each type of asset. 

    What is an Estate Plan? (Part 1)

    Play Episode Listen Later Mar 10, 2020 21:28


    Attorneys Eugene Chianelli and Andrew Bullard discuss why estate planning documents are necessary for any person, and answer questions regarding what a typical estate plan looks like for an individual and a married couple, as well as why you want to have a will and powers of attorney before you become incapacitated or die. 

    Fifth Circuit Pumps the Brakes

    Play Episode Listen Later Mar 10, 2020 9:35


    A look at the Fifth Circuit's decision in Henry v. Educational Financial Service and the use of arbitration provisions in bankruptcies.

    Proposed Debt Collection Rule:

    Play Episode Listen Later Mar 3, 2020 20:08 Transcription Available


    Attorney Caren Enloe provides a quick overview of the CFPB's proposed debt collection rules and their implications for the ARM industry.

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