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Lenders Seeking Loan Modification After Bankruptcy, Beware!

Written By Paul A. Fanning and Norman J. Leonard

LENDERS CANNOT REVIVE A GUARANTY OBLIGATION DISCHARGED IN BANKRUPTCY WITH A SUBSEQUENT MODIFICATION OR FORBEARANCE AGREEMENT, EVEN WITH NEW CONSIDERATION; AND ATTEMPTING TO DO SO MAY LEAD TO LENDER LIABILITY EXPOSURE. …

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Modern apartment building overlooking a lake

Unwrapping the Riddle: What is a Community Association?

Written By Adam M. Beaudoin

There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association…

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A close-up of a polished steel bank vault locking mechanism

What's So Special About a Foreclosure Special Proceeding?

Written By Lance P. Martin

The North Carolina Supreme Court recently clarified that the North Carolina Rules of Civil Procedure and doctrines of res judicata and collateral estoppel do not apply to a non-judicial foreclosure special proceeding. …

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The Blind Side: EEOC's "Proposed Enforcement Guidance on Harassment"

Written By Grant B. Osborne

  "The more laws, the more offenders." -- Thomas Fuller Background On January 10, 2017, the United States Equal Employment Opportunity Commission (the "EEOC") did employers a favor.  It released "a propos…

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Close up of man with hard hat under arm and tablet in hands on a construction site

The Importance of Construction Contracts and Items to Consider When Preparing Construction Contracts

Written By Jason T. Strickland

It's important for parties entering into any significant economic transaction to have written contracts.  This is especially true for construction projects which are, by their nature, complicated.  A contract on …

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The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions

Written By Lee C. Hodge

This is part two of a two-part series on Internal Revenue Code Section 1031 tax-deferred exchange transactions.  The first article provided an overview of the basic rules that govern 1031 exchanges.  This article…

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