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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

David Paul Clapsadl

Banking & Finance, Bankruptcy, Corporate, Business Organization

Status: In Good Standing

CONTACT

120 North Franklin Street, Rocky Mount, NC 27804

Herbert F. Allen

Motor Vehicle, Class Action, Estate, Bankruptcy

Status: In Good Standing Licensed: 49 Years

CONTACT

Tarboro, NC 27886

Michael P. Murphy

Bankruptcy, Corporate, Chemical & Cosmetics, Collection

Status: In Good Standing Licensed: 34 Years

CONTACT

Rocky Mount, NC 27804

Ralph Erskine Stevenson

Traffic, Family Law, Criminal, Consumer Bankruptcy

Status: In Good Standing Licensed: 14 Years

CONTACT

206 Villa St, Rocky Mount, NC 27802

800-923-0641

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LEGAL TERMS

COLLATERAL

Property that guarantees payment of a secured debt.

LIMITED LIABILITY

The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or ... (more...)

The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or a person who invests in a corporation (a shareholder) generally stands to lose only the amount of money invested in the business. This means that if the business folds, creditors cannot seize or sell an owner's home, car, or other personal assets.

PREFERENCE

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commer... (more...)

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.

BULK SALES LAW

A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to ... (more...)

A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to conduct a bulk sale of business assets -- that is, get rid of an unusually large amount of inventory, merchandise or equipment -- the business owner must typically publish a notice of the sale and give written notice to creditors. Then, the owner must set up an account to hold the funds from the sale for a brief period of time during which creditors may make claims against the money. The prohibition against bulk sales is spelled out in the Uniform Commercial Code -- and laws modeled on the UCC have been generally adopted throughout the country.

SETOFF

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a countercl... (more...)

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a counterclaim filed by a defendant in a lawsuit. Banks may try to exercise a setoff by taking money out of a deposit account to satisfy past due payments on a loan or credit card bill. Such an act is illegal under most circumstances.

LIEN

The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortg... (more...)

The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortgages, home equity loans, car loans and personal loans for which you pledge property to guarantee repayment. Liens created without your consent are called nonconsensual liens, and include judgment liens (liens filed by a creditor who has sued you and obtained a judgment), tax liens and mechanics liens (liens filed by a contractor who worked on your house but wasn't paid).

DEBIT CARD

A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can ... (more...)

A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from your checking account at the time of the transaction. Debit cards are regulated by the Electronic Funds Transfer Act.

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.

ADMINISTRATIVE EXPENSES

The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Admi... (more...)

The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Administrative costs are typically 10% of the debtor's total payments under the plan.

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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Rich Square Bankruptcy Lawyer, North Carolina

Sponsored Law Firm

Oliver & Cheek, PLLC

SPONSORED LAWYERS

David Paul Clapsadl

Herbert F. Allen

Michael P. Murphy

Ralph Erskine Stevenson

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LEGAL TERMS

COLLATERAL

LIMITED LIABILITY

PREFERENCE

BULK SALES LAW

SETOFF

LIEN

DEBIT CARD

FAIR LABOR STANDARDS ACT (FLSA)

ADMINISTRATIVE EXPENSES

SAMPLE LEGAL CASES

Morales-Rodriguez v. Carolina Quality

Woods v. Mangum

Moss Creek Homeowners Ass'n v. Bissette

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