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Carolinas Creditors Rights Law Blog

Landlord Minimum Requirements Under the SC Landlord-Tenant Act

The South Carolina Landlord-Tenant Act requires residential landlords to comply with certain provisions with respect to tenants, regardless of what their rental agreements specify. In this blog, the legal team at Crawford & von Keller, LLC reviews the minimum requirements...

What Rights Do I Have as a Landlord in North Carolina?

As a landlord in North Carolina, you must adhere to a certain set of rules to maintain a positive, legal relationship with your tenants. However, North Carolina laws are largely favorable to landlords, which means you also enjoy plenty of...

Which Business Debts Are Discharged in Chapter 7 Bankruptcy?

When a business owner files for bankruptcy, creditors might be concerned about how and what they'll recover for debts owed. Here, we’ll discuss which business debts could be discharged in Chapter 7 bankruptcy and your rights as a creditor. Debts...

Can a Business Survive Chapter 11?

Chapter 11 bankruptcy (“reorganization bankruptcy”), in most instances, allows a business to remain in possession of its assets, continue operations, and in some instances, borrow new money. Affected creditors can vote on the company’s reorganization plan, and the court may...

South Carolina’s Statutory Exemptions for Collections Actions 

Collecting money from a debtor that refuses to pay can be challenging, especially in this economic climate. When cash is unavailable, property can sometimes be seized to make good on a debt. However, in South Carolina, certain property, or equity...

What is a Receivership in North Carolina?

In some instances, creditors can recover what they’re owed through a process and procedure called “receivership.” This is a state court process that allows for the preservation of assets and the equitable distribution of an insolvent debtor’s assets. This often...

What Are the Seven Steps for Collecting on a Judgment?

It’s one thing to win your case against someone who owes you a debt, but it’s another thing entirely to collect on the judgment. Collecting on a judgment may be challenging for various reasons, but it is up to you,...

DUDE, STOP TEXTING ME! New Restrictions for Debt Collectors under the FDCPA

            The Fair Debt Collections Practices Act (FDCPA) limits what type of contact debt collectors and loan servicers can have when attempting to collect a debt.  As of November 30, 2021, a final rule amending Regulation F will take effect,...

Starting the Foreclosure Process under Regulation X

Mortgage Servicers Are Reminded to Check Those Boxes!  On June 25, 2021, the Consumer Financial Protection Bureau (CFPB) handed down a new rule amending Regulation X of the Real Estate Settlement Procedures Act (RESPA), to assist mortgage borrowers affected by...