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Welcome and Farewell

October 2018 has been a time of change for our law firm. Hannah Sheridan & Cochran, LLP is pleased to announce the arrival of Emily Anne Buttrick and Bethany Sneed as part of our team. At the same time, we…

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Protecting Your Rights: Equipment Supplier Tips

Did you ever consider the challenges which can arise when the equipment you supply has wheels or tracks and is mobile? For rental equipment suppliers, the provisions of Articles 2 and 3 of North Carolina General Statutes Chapter 44A and…

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The Long and Winding Road of Bankruptcy

As the economy appears to be settling into what we can only presume is the new normal, once again contractors and subcontractors are, from time to time, filing petitions in the bankruptcy court.  A few years ago, everyone was filing…

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The Value of a Professional Attorney

The practice of law represents a constant lesson in human nature. Clients oftentimes visit with us amid difficult personal and financial situations. Our job is to counsel our clients through tough times and provide them with logical options for the…

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Who Owes the Debt? North Carolina Guaranties and Suretyship

Confusion often exists as to the differences between the multiple types of guaranty agreements and suretyship agreements in North Carolina.  Although subtle differences can dictate when the liability of a party may be triggered, they do share some initial similarities. …

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IDENTIFYING PARTIES IN UCC FINANCING STATEMENTS

Effective July 1, 2013, identification of an individual who is party to a UCC-1 Financing Statement changed.  Gone are the days of listing the debtor as “Joe Smith.”  Now, you must use the name as it is indicated on the…

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The Art (and Implications) of the “Short-Pay”

Consider the following scenario: Seller claims $100.00 is due for goods provided.  Buyer claims that only $75.00 is owed.  Buyer then mails a check to Seller for $80.00, marked “paid in full”.  What are the consequences if the Seller deposits…

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Politics, Judges, May and November

If you are like most folks this time of year, you have already seen more television ads, heard more on the radio, and had more robo-calls than you can stomach – and the primary election has only just come and…

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Pitfalls in Contract Administration

All too often, desires to “get the deal done” or “get it signed” or “get it built” result in poor contractual administration and eventual (often avoidable) problems.  That is somewhat understandable, given the fact that most contractual arrangements begin with…

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Secured Lending in North Carolina

Generally speaking, secured lending is defined as a loan or extension of credit in which the borrower pledges an asset as collateral for the loan. A secured loan or transaction generally involves a two document system: an acknowledgment of the…

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Rising Interest Rates and Business Tips for 2015

The Federal Reserve administers a key economic indicator, the federal-funds rate.  Banks use the federal-funds rate to conduct overnight transactions which trade account balances maintained at the Federal Reserve.  When the Fed raises this key rate, personal and business loan…

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CREDIT REPORTING TO CREDIT BUREAUS

Every now and then the listserv for the North Carolina Bar Association’s Bankruptcy Section lights up with a discussion which is of interest to creditors. One such discussion occurred recently regarding the duty of a creditor to report payments to…

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Public-Private Partnerships Come to North Carolina

“The health of a democratic society may be measured by the quality of functions performed by private citizens” – Alexis de Tocqueville, Democracy in America, 1835. In August of 2013, Governor McCrory signed into law House Bill 857 (codified as…

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