Entries by Bankruptcy

A Trustee in IRS Clothing

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 […]

Register Now for the 42nd Annual Bankruptcy Institute

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 […]

Report from the First Bankruptcy Section Council Meeting

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 […]

Seeking Nominations For the 2019 Bankruptcy Pro Bono Award

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 […]

Message From the Chair Of the NCBA Bankruptcy Section

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 […]

Protecting Your Practice: Tech and Security Tips for Small and Solo Firms

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 […]

Settling Debts: A Cautionary Tale

By William E. Brewer Jr. He Began to Cry My dental hygienist recently brought her father to consult with me to discuss filing bankruptcy. We will call him Steve. Steve had approximately $75,000.00 of credit card debt. He had retired from the State of North Carolina, at age 58, after working as a school teacher […]

Civil Contempt in Bankruptcy: Exploring the Limits of the Bankruptcy Courts’ Subject Matter Jurisdiction

By Landon G. Van Winkle Introduction Many of us are familiar with the famous, albeit purportedly apocryphal, quote by former president Andrew Jackson, who, upon hearing of the Court’s decision in Worcester v. Georgia, 31 U.S. 515 (1832), is supposed to have famously declared of Chief Justice John Marshall: “John Marshall has made his decision; […]