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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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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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Unlicensed Contracting is a Costly Mistake!

Oftentimes when there are claims involving quality of construction, non-payment of subcontractors or suppliers, or payments due to a general contractor for money due from an owner, issues of licensure suddenly appear. Whether or not a general contractor and certain…

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Non-Compete Agreements Need to Be Carefully Drafted!

Non-Compete clauses have been an important tool in business practice for many years, used primarily in employer/employee relations and also as part of business purchases, both within the context of limiting future competition and adding value to the business. When…

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Nondischargeable Debts in Bankruptcy

Bankruptcy is designed to give debtors a “fresh start.”  Accordingly, a bankruptcy discharge releases a debtor from liability for certain debts which the bankrupt party previously owed.  A debt discharged in bankruptcy is no longer owed. Bankruptcy is often cruel…

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Oakwood Neighborhood Court Ruling: A Lesson for Developers

A Wake County Superior Court Judge issued a ruling this week in a highly publicized land development / zoning case.  The ruling ended another chapter in this highly controversial case, and further appeals are very possible.  The case centers around whether a…

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The Basics of Pass-Thru Entities

Some businesses must pay income taxes. Some need not. Some businesses must file annual federal tax returns. Some need not. During tax season, these issues obviously take on added importance. We have recently fielded dozens of related questions and formed…

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LITTLE MILLER ACT: PAYMENT BOND CLAIMS IN NORTH CAROLINA

Projects funded by North Carolinians’ tax dollars are not subject to mechanic’s liens, so the legislature long ago crafted legislation known as “the Little Miller Act.”  Modeled on a federal act known as “the Miller Act” (or “Big Miller”), the…

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Living Through a Home Renovation

A home renovation opens up new opportunities to update and enjoy your house.  You are starting a process that will make your house more of a “home”! A major renovation is an investment in the future needs of your family,…

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Mediation: A View From a Mediator

Over ten years ago, I had the opportunity to take the 40-hour course required to become a mediator certified by the North Carolina Dispute Resolution Commission to conduct Superior Court Civil mediated settlement conferences. It was by far the best…

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Mergers and Acquisitions: Transactional Forces and Process

Mergers and acquisitions.  Investments of capital.  Changes of ownership.  Merger and acquisition trends track closely to the larger economy.  2015 saw historically high transaction rates.  According to Deloitte’s Year-End Report, “[2016] started with a thud…But in October, US companies unleashed…

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