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George Oliver
About | Practice Areas
Oliver & Cheek, PLLC
405 Middle Street New Bern, NC 28560» view map
Bankruptcy & Debt Law
Your Business Partner

Oliver & Cheek, PLLC is a full service business firm providing a wide range of legal services to clients in North Carolina.

252-633-1930
1. George Oliver New Bern, NC
  Attorney at Law- NJ, 1999
  University of North Carolina School of Law, J.D. 1999
2. AboutOliver & Cheek, PLLC
  Your Business Partner
3. Practice AreasExpertise
  Bankruptcy & Debt Law
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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

Scott N. Johnson

Estate Planning, Corporate, Credit & Debt, Bankruptcy

Status: In Good Standing Licensed: 35 Years

CONTACT

Smithfield, NC 27577

Scott N. Johnson

Divorce & Family Law, Personal Injury, Bankruptcy, Traffic

Status: In Good Standing Licensed: 35 Years

CONTACT

Smithfield, NC 27577

Victor A. Anderson

Construction, Employment, Business, Commercial Bankruptcy

Status: In Good Standing Licensed: 36 Years

CONTACT

203 Stone Lane, Clayton, NC 27520

Craig I. Bryant

Bankruptcy, Consumer Protection, Criminal

Status: In Good Standing Licensed: 46 Years

CONTACT

202 S William St, Goldsboro, NC 27530

John G. Rhyne

Bankruptcy & Debt, Collection, Bankruptcy, Real Estate

Status: In Good Standing

CONTACT

P.O. Box 8327, Wilson, NC 27893

800-923-0641

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LEGAL TERMS

DEBT COLLECTOR

A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe... (more...)

A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe. Debt collectors can be relentless, often using scare tactics, humiliation and repeated phone calls to extract payments or promises to pay.

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

TRADE NAME

The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.

FORBEARANCE

Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily ... (more...)

Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily postponing or reducing the borrower's payments.

FAIR LABOR STANDARDS ACT (FLSA)

A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements ... (more...)

A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor.

CREDIT INSURANCE

Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay o... (more...)

Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay off the remaining balance. Federal and state consumer protection laws require the lender to disclose to existing and potential borrowers the terms and costs of obtaining credit insurance because it can affect the terms of the loan.

BANKRUPTCY TRUSTEE

A person appointed by the court to oversee the case of a person or business that has filed for bankruptcy. In a consumer Chapter 7 case, the trustee's role is t... (more...)

A person appointed by the court to oversee the case of a person or business that has filed for bankruptcy. In a consumer Chapter 7 case, the trustee's role is to gather the debtor's nonexempt property, liquidate it and distribute it proportionally to her creditors. In a Chapter 13 case, the trustee's role is to receive the debtor's monthly payments and distribute them proportionally to her creditors.

FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)

A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working fo... (more...)

A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.

CHAPTER 13 BANKRUPTCY

The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your inc... (more...)

The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your income to pay all or a portion of the debts over three to five years. The minimum amount you must pay is roughly equal to the value of your nonexempt property. In addition, you must pledge your disposable net income -- after subtracting reasonable expenses -- for the period during which you are making payments. At the end of the three-to five-year period, the balance of what you owe on most debts is erased.

SAMPLE LEGAL CASES

Morales-Rodriguez v. Carolina Quality

... On 9 August 2007, defendants appealed to this Court. These proceedings were stayed on 23 January 2008 pursuant to 11 USC Â§ 362 by reason of a bankruptcy proceeding filed by individual defendant, Cynthia Vinson. By ...

Woods v. Mangum

... the Estate. Plaintiffs also filed for federal bankruptcy protection on 29 August 2002 and were released from bankruptcy on 438 3 May 2007. The Mangums' claim was not discharged as a result of plaintiffs' bankruptcy. The Executrix ...

Moss Creek Homeowners Ass'n v. Bissette

... ("Byron"). Byron filed for bankruptcy protection in 1991, and received its discharge from bankruptcy on 24 August 2005. ... The Bissettes next argue that the assignment of rights of the Declaration and the subsequent bankruptcy of Byron renders the covenant unenforceable. ...

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Pine Level Bankruptcy Lawyer, North Carolina

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Oliver & Cheek, PLLC

SPONSORED LAWYERS

Scott N. Johnson

Scott N. Johnson

Victor A. Anderson

Craig I. Bryant

John G. Rhyne

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LEGAL TERMS

DEBT COLLECTOR

PRESUMED ABUSE

TRADE NAME

FORBEARANCE

FAIR LABOR STANDARDS ACT (FLSA)

CREDIT INSURANCE

BANKRUPTCY TRUSTEE

FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)

CHAPTER 13 BANKRUPTCY

SAMPLE LEGAL CASES

Morales-Rodriguez v. Carolina Quality

Woods v. Mangum

Moss Creek Homeowners Ass'n v. Bissette

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