Graduate of:

• Cary High School
• North Carolina State University
• University of Georgia School of Law

Member of:

• American Bankruptcy Institute
• National Association of Consumer Bankruptcy Attorneys
• Bankruptcy Section of North Carolina Bar Association
• Federal District Court bar for Eastern, Middle and Western Districts of North Carolina

Representative Experience:

Represented debtor(s) in 2,100 cases filed primarily in the Raleigh Division of the Eastern District of North Carolina.

Represented 315 debtor(s) in cases filed since the bankruptcy code was amended on October 17, 2005.

Locations of other prior filings include: Fayetteville Division of EDNC. New Bern/Kinston Division of EDNC. Wilmington Division of EDNC. Wilson Division of EDNC. Durham Division of MDNC. Greensboro Division of MDNC. Winston Salem Division of MDNC. N. Wilksboro Division of WDNC.

• Consumer
  • Represented debtor in a Motion to Dismiss filed by Bankruptcy Administrator who contended that the income of a cohabitating fiance should be included into the Means Test analysis pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that was enacted on October 17, 2005.
  • Represented debtors in an Objection to Discharge filed by Chapter 7 Trustee where a 401k loan was repaid and an IRA contribution made in contemplation of bankruptcy.
  • Represented numerous debtors in Motions to Continue Automatic Stay required for many refile cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that was enacted on October 17, 2005.
  • Represented debtor in adversary proceeding objecting to discharge filed by former domestic partner based on the veracity of the debtor’s schedules.
  • Represented debtors in liquidating chapter 13 case where foreclosure was stopped to give the debtors time to consummate a voluntary sale of residential real property in order to extract the cash equivalent of their homestead exemptions and utilitize the remaining net proceeds to pay down priority tax obligations.
  • Represented debtor in contested judgment lien avoidance action where entry of judgment lien preceded recordation of junior deed of trust that was determinative in the avoidance calculation.
  • Represented numerous chapter 7 debtors in adversary proceedings where non-filing spouses or ex-spouses contest dischargeability of non-support obligations under 11 USC 523(a)(15).
  • Represented debtors in Motion to Dismiss brought by Bankruptcy Administrator under 11 USC 707(b) for substantial abuse.
  • Represented debtors against chapter 7 trustee’s objection to exemptions in cases involving the wage exemption of NCGS 1-362, the IRA exemption of NCGS 1C-1601(a)(9), and the household good exemption of NCGS 1C-1601(a)(4).
  • Represented chapter 13 debtor in contested strip-off of wholly unsecured junior mortgage.
  • Represented chapter 13 debtors in obtaining sanctions that included the termination of the title lien against auto financer that wrongfully repossessed vehicle and failed to timely return it.
  • Represented chapter 7 debtor(s) in numerous cases where credit card issuers have filed adversary proceedings contending that debt was incurred with no intention to repay.
  • Represented debtor in contested matter where mortgage servicer claimed the automatic stay did not protect her house because of In Rem relief order entered by court in separate case filed by co-owner spouse.
  • Represented debtor in adversary proceeding trial and on appeal to the US District Court where creditor opposed dischargeability of obligation claiming it had been incurred through willful and malicious injury.
  • Represented debtor in adversary proceeding attempting to obtain partial student loan dischargeability.
  • Represented numerous chapter 13 debtors in stripping down federal tax liens.
  • Represented numerous ex-pat chapter 7 debtors residing in countries such as Germany, United Kingdom, Iran and Bangladesh.
• Business
  • Represented defendants in numerous preference defense actions both as lead counsel and as local counsel.
  • Represented real estate development company in a liquidating chapter 11 case.
  • Represented chapter 7 debtor in adversary proceeding brought by bank against business owner seeking $1.2 million in damages for incurring debt based on a false financial statement.
  • Represented chapter 7 debtor in adversary proceeding brought by co-plaintiffs who claimed that the debtor had fraudulently induced them to invest funds with and through him.
  • Represented restaurant owner in reorganization of personal and proprietorship finances through chapter 13 where the confirmed plan required payment of 10 cents on the dollar to unsecured creditors paid out from restaurant cash flows over period of 57 months.
  • Represented numerous debtor corporations filing chapter 7.
  • Represented numerous principals of unprofitable business ventures in the discharge of guarantees to landlords, banks and franchisors.