Lawsuits and collection actions against a corporation are automatically stayed when the corporation files for bankruptcy, generally speaking. In order to avoid the automatic stay, creditors may bring claims against the directors and/or officers of the bankrupt corporation rather than against the corporation itself. Depending on the nature of the […]
While N.C. Gen. Stat. § 75-1.1 reaches any action “in or affecting commerce,” there are several limitations to its reach. One such limitation is the internal business dispute exemption, which prevents claims that arise solely within a single market participant. This exemption has been a frequent focus of our previous posts. […]
In a typical data-breach lawsuit, a business acknowledges it has been hacked. Indeed, the precipitating event leading to litigation is often the business’s notification to affected individuals that their personal information has been compromised. What if individuals suspect a business has been hacked, but the business denies it? Can those […]
If you’ve taken out a mortgage, you know the importance of an appraisal. An appraisal below the property value, in particular, can spell trouble for a borrower. But what if a lender orders an appraisal that mistakenly, and substantially, exceeds the property’s real value, and the borrower goes forward with […]