Practice Areas

For most people consideration of filing bankruptcy is a last resort to the unending burden of missed payments and the unceasing barrage of collection calls.  For some, bankruptcy is the answer, but for others it may not achieve the desired result.  Our attorneys are here to assist through all aspects of the bankruptcy process, from pre-filing to discharge.

Types of Bankruptcy for Individuals:

Chapter 7

This type of bankruptcy is generally available to all who meet the Means Test criteria and who are not significantly past due on their mortgage or vehicle payment(s).

Chapter 13

‍This type of bankruptcy is generally available to individuals with regular income who do not qualify for Chapter 7 and meet certain debt limits, or who need assistance in “curing” defaults in mortgage or vehicle loan payments. A repayment plan, which may be full or partial, is required.

Chapter 12

This type of bankruptcy is limited to family farmers and fishermen.  A repayment plan, which may be full or partial, is required.

Chapter 11

This “reorganization” bankruptcy is generally available to all who are not suited to file under any other chapter.  A repayment plan, which may be full or partial, is required. 

Types of Bankruptcy for Businesses:

Chapter 7

This type of bankruptcy results in the closing and liquidation of the business.  Current owners are divested of all operational control and a trustee is appointed to oversee the liquidation process.

Chapter 11

This type of bankruptcy is for businesses seeking to either reorganize for continued operations or to liquidate under a structured process to potentially obtain more value than might be realized in a Chapter 7 liquidation.  A plan of reorganization or liquidation is required.

Our attorneys bring decades of experience to business formations, mergers and acquisitions, serving as borrower counsel in large financial transactions (including, by way of example, tax exempt health care bond financing), commercial loans,  and asset purchases and sales.  Our attorneys have the capacity to handle complex business deals, while keeping in mind the most practical solutions with our eyes on reaching a successful, cost-effective result.  When approaching a business transaction, we work with all of our clients to ensure they make well-informed and educated decisions from the onset of negotiations through closing and post-closing matters.

Our legal services support a broad array of business clients ranging from regional corporations with multi-state properties and operations, new business startups, and closely-held or family-owned businesses.  This spectrum of clients includes long-term healthcare facilities, continuing care retirement communities, manufacturing companies, real estate developers, professional sports teams, medical practices, assisted living facilities, pharmacies, certified public accounting firms, country clubs and many other types of business ventures.

From individuals to large corporations, our firm is dedicated to achieving success for our clients in the courtroom.  With extensive experience in state and federal court, our litigation team is prepared to represent clients at all stages of litigation.  We understand the risks and challenges associated with litigation, and we focus on trying to control the risk and costs of litigation for our clients. However, when litigation becomes unavoidable, we are prepared to respond through creative, efficient, skilled, and dedicated advocacy.

We also assist clients in alternative dispute resolution, such as mediation and arbitration.

Our Litigation Team is prepared to institute or defend legal action at the state and federal level in nearly every area of the law, including but not limited to the following:

• Commercial and Business Litigation
• Construction Litigation and Mechanic’s Liens
• Employment Litigation
• Community Association Litigation
• Personal Injury, Wrongful Death, and Negligence Actions
• Insurance Defense
• Property Litigation
• Fiduciary, Trusts & Estates Litigation
• Debtor/Creditor Litigation
• State and Federal Appeals
• Workers’ Compensation
• Eminent Domain Litigation
• Small Claims

Our attorneys can provide counsel to large and small businesses, banks or other lenders, and homeowners throughout a collection matter.  Through our litigation experience and our in-depth knowledge of the rights of debtors and creditors, we are able to effectively and efficiently enforce and protect your rights through the collection, foreclosure, and bankruptcy processes including with regard to judgment domestication or enforcement, post-judgment discovery, promissory notes and personal guarantees, lien enforcement, appeals issues, and small claims judgments.

Our attorneys routinely represent developers and owners’ associations in the development and management of condominium, townhome, single-family, and mixed-use developments.

For new or planned communities, we are able to offer developers the combined experience and expertise of our real estate practice and our community association practice.  This enables developers to uniquely structure their planned development to reserve an appropriate level of control during the development phase while at the same time planning for the timely transition of that control to a community association, when we also routinely assist developers with forming non-profit associations. Proper planning at the outset fosters an environment for a successful development.

For communities managed by a member elected board, we frequently assist with orienting new directors and officers, drafting, amending, reviewing and interpreting the association documents (e.g., declarations, bylaws, rules and regulations, etc.), and providing assistance with enforcement of those documents when necessary.  We also offer counsel to boards concerning their legal responsibilities and potential liabilities, and assist them minimizing those liabilities by working with them to assure compliance with the governing documents, the Fair Debt Collection Practices Act, the North Carolina Nonprofit Corporation Act, the North Carolina Planned Community Act, the North Carolina Unit Ownership Act, and the North Carolina Condominium Act.

Unfortunately, representing community associations often moves beyond just transactional work. When disputes arise, our attorneys can assist boards with ensuring compliance with procedures for imposing fines and suspending planned community privileges or services. Our community association attorneys also have knowledge and experience in litigating community association disputes whether they involve routine matters like collection or enforcement actions, or more complex and specialized disputes like derivative proceedings, fiduciary litigation, or architectural review disputes.

Following a death or major life event, the responsibility to administer an estate or a trust can be overwhelming.  Our attorneys can provide experienced and knowledgeable guidance to those administering an estate or trust, providing hands-on assistance each step of the way.  Whether serving as an Executor, Administrator, Trustee, or Guardian, there are fiduciary duties and obligations that must be navigated and we help our clients with those matters every day. 

Our attorneys have been handling insurance liability defense cases for over 30 years. Because of our firm’s experienced insurance defense team, unique location and size, and depth of resources, insurance companies routinely rely on our attorneys to handle all types of claims arising throughout western North Carolina.  To resolve insurance claims quickly and in a cost-effective manner, our insurance defense team often utilizes the specialized knowledge and experience of other attorneys in our firm.

Our attorneys represent cities, towns, and other local governmental entities and authorities in both an advisory and litigation capacity.  We routinely attend council meetings, planning commission meeting, and other committee meetings and counsel our clients in the areas of board governance, regulatory compliance, ordinance interpretation and authority, public bidding, public records law, open meetings law, inter-governmental agreements, contracting and property transactions, planning and development regulations, and much more.

Our firm also assists its local government clients with negotiating and drafting, among other things, resolutions, ordinances, easements, inter-governmental agreements, leases, and other extensive real estate services.  And, when matters escalate, our attorneys are able to assist with quasi-judicial hearings before a planning commission or board of adjustment, appeals of quasi-judicial hearings, code enforcement actions, eminent domain proceedings, tax foreclosure actions, construction contract disputes, or employment and personnel issues.

We take pride in representing our municipal and local governmental entities and understand that legal issues arising in this area of practice require timely and thorough responses. We strive to meet and exceed the expectations in this regard and aim to be on call for our local government clients.

Our firm recognizes the transformative power of non-profit organizations in shaping communities and championing societal progress.  We believe in the power of law to advance the greater good and we are dedicated to providing comprehensive legal support to organizations committed to making a difference.

With a deep understanding of the unique legal landscape governing non-profits, our attorneys offer tailored solutions to address the diverse needs of these organizations.  We counsel and advise organizations such as charitable organizations, educational institutions, local governments and municipalities, hospitals, healthcare organizations, churches, daycares, and other non-profit organizations with a range of legal services, and help such organizations navigate current legal developments.  Our attorneys recognize the unique needs of tax-exempt status, and have decades of experience advising such organizations in complying with relevant laws and regulations.  Whether navigating complex tax regulations, establishing governance structures, or safeguarding intellectual property rights, we are committed to empowering non-profits to thrive and fulfill their missions.

Our firm’s unparalleled experience with the Hickory Metro Area and the western North Carolina real estate market enables our attorneys to effectively represent buyers, sellers, landlords, tenants, developers, investors, and lenders in all facets of commercial and residential real estate transactions.  We counsel clients with real estate needs including property acquisition, development, and financing transactions.  The extensive knowledge of our attorneys in real estate, tax, corporate law, and litigation helps us develop tailored, cost-effective solutions to successfully navigate our clients’ complex real estate needs.

The solutions provided by our experienced real estate legal team include the following: 

• Commercial & Residential Closing Transactions
• Financing Transactions
• Land Condemnation
• Property Matters Arising from Estates & Trusts
• 1031 Exchanges
• Land Planning and Development Consulting
• Municipal, Land-Use Law, and Zoning Consulting
• Property Management Analysis and Consulting
• Lease Contracts, Negotiations, and Renewals
• Landlord & Tenant Matters
• Title Examinations
• Partition Actions
• Boundary Proceedings
• Quiet Title Proceedings
• Title Insurance Claims Representation
• Foreclosures for Residential and Commercial Property
• Installment Sale Agreement Preparation and Litigation

In order to ensure your family is provided for and your financial goals are met, an estate plan is essential.  An estate plan can address a wide variety of issues including planning for estate taxes, preserving wealth for the next generation, transitioning ownership of a closely held business, disposing of specific assets, providing for the future care of children or individuals with special needs, designating beneficiaries of certain assets, and making end-of-life charitable contributions.  An estate plan should certainly include a Last Will and Testament and Powers of Attorney but may also include a Trust of some type and/or an Advanced Directive/Living Will.  

Our attorneys can provide knowledgeable counsel as you approach sensitive estate planning matters, and our goal will always be to provide you with peace of mind while putting a plan in place to preserve and transfer your assets as desired.  Our experience with estate planning, estate and trust administration, estate taxes, guardianships, special needs law, corporate law, and real property law equips our team to navigate even the most complex estate planning matters.