What Is The Automatic Stay And How Does It Work?

By: David DiMatteo and Heather Culp The instant a bankruptcy is filed, a “stay” usually goes into effect, restraining creditors (those owed money or property) from taking certain actions against the debtor (the person or entity that filed for bankruptcy) or against “property of the …

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Heather Culp Quoted by WSOC-TV Regarding EpiCentre Sale

Bankruptcy partner Heather Culp was recently interviewed for a WSOC-TV article covering the sale of Charlotte’s EpiCentre following foreclosure proceedings earlier this year. The property was auctioned Tuesday morning at the Mecklenburg County Courthouse and was sold to the highest bidder, Deutsche Bank Trust Company …

How Much Debt Do You Have To Be In To File Chapter 7?

By: Heather Culp The short answer is, there is no specific dollar amount of debt required to file Chapter 7. The longer answer follows.  The best way to figure out whether you are a good candidate for bankruptcy – including Chapter 7, which is just …

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Essex Richards ERISA Litigation Team Earns National Recognition

U.S. News & World Report and Best Lawyers have named Essex Richards to their 2022 list of “Best Law Firms” in America. The firm received a national ranking and metropolitan rankings in several practice areas. For the sixth year in a row, Essex Richards earned a national ranking …

Heather Culped Named to Leaders in the Law

Heather Culp Quoted by WSOC-TV Regarding Likely Epicentre Foreclosure

Bankruptcy partner Heather Culp was recently interviewed for a WSOC-TV article covering the foreclosure proceedings of Charlotte’s Epicentre. In the interview, Heather described the process of the court putting the Epicentre up for auction and using a receiver to collect rent from tenants. She commented, …

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Can You Discharge Student Loans in Bankruptcy?

Last month, partner Heather Culp was interviewed via Zoom by fellow bankruptcy attorney Sam Turco on the subject of discharging student loans in bankruptcy. Sam’s central question for Heather was “can student loans be wiped out in bankruptcy?” Heather’s answer is generally “no,” at least …

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Heather Culp Awarded Outstanding Pro Bono Achievement by NC Bar

On May 12 Essex Richards partner Heather Culp received the Outstanding Pro Bono Achievement award by the North Carolina Bar Association’s Bankruptcy Section. Heather regularly volunteers with the Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) and with Legal Aid of North …

Heather Culp and Lauren Lewis to Speak at Bankruptcy Seminar

Essex Richards partners Heather Culp and Lauren Lewis will speak at the Mecklenburg County Bar’s Western North Carolina Bankruptcy Seminar on May 21. Heather and Lauren will lead the session, Case Studies and Updates: Bankruptcy and Family Law. To learn more or register for the …

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Can You Fight a Corporate Bankruptcy Filing? On What Grounds?

A January 2021 decision by the U.S. Bankruptcy Court for the Western District of North Carolina (Charlotte Division) dismissed the March 2020 Chapter 11 reorganization bankruptcy filings by a corporation and a related limited liability company for the following reasons: Under both the LLC Operating …