Smith Debnam Narron Drake Saintsing & Myers, LLP

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The Landmark Center
4601 Six Forks Road, Suite 400
Raleigh, NC 27609, United States
Phone: 919.250.2000
Fax: 919.250.2211
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Labor & Employment Law
  • Real Estate
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
25-50 Attorneys

Supreme Court Reverses Bankruptcy Proof of Claim Case

Midland Funding, LLC v. Johnson, (May 15, 2017). Yesterday, the Supreme Court reversed the Eleventh Circuit’s holding in Midland Funding v. Johnson in a 5-3 split. Their decision resolves a circuit split as to whether the…more
 /  Bankruptcy, Civil Procedure, Consumer Protection, Finance & Banking

CFPB Seeks Comment on Effectiveness of the RESPA Mortgage Servicing Rule

As required by the Dodd-Frank Act, the CFPB is conducting an assessment of its RESPA Mortgage Servicing Final Rule, which took effect on January 10, 2014. The assessment will seek to compare servicer and consumer activities and…more
 /  Consumer Protection, Finance & Banking, Real Estate - Residential

District Court Takes on the Intersection of Bankruptcy and the FDCPA

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. In December 2013, Jeziorowski filed a complaint…more
 /  Bankruptcy, Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

How to Talk to a Boomer - Smith Debnam

MAYBE BOOMERS’ MUSIC WAS BETTER THAN TODAY’S MUSIC, but our clothes were ridiculous. We were self-centered libertines in youth, we cannot multitask, and we have a fetish for the telephone. Now we run the company. Until us Baby…more
 /  Law Firm Marketing

Why I Like Coffee Meetings

I guess we all have a tendency to spend time doing the things we most enjoy. No doubt, I love investing time in the “big things” in my life – my family, best friends, other kindred spirits, time in the Word. These are a priority…more
 /  Law Firm Marketing

Successors by Merger May Not be Debt Collectors

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors…more
 /  Commercial Law & Contracts, Consumer Protection, Finance & Banking, Mergers & Acquisitions

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same manner…more
 /  Family Law

CFPB's Monthly Report Focuses on Student Loan Products

The CFPB’s most recent monthly report on consumer complaints spotlights student loans. The report is a high level snapshot of trends in consumer complaints. The Report provides a summary of the volume of complaints by product…more
 /  Consumer Protection, Education, Finance & Banking, Real Estate - Residential

Ad Valorem Tax Values and Equitable Distribution

In many equitable distribution cases, where the value of real estate is an issue, the parties at least in negotiations debate the relative accuracy of the ad valorem tax value (“Tax Value or Tax Values”) of the property as a…more
 /  Family Law, Real Estate - Commercial, Real Estate - Residential, Taxation

Weltman takes on the CFPB's Stance on Meaningful Involvement

This week the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis, an Ohio law firm. The complaint is a continuation of the CFPB’s attack on collection law firms and their level of meaningful…more
 /  Consumer Protection, Finance & Banking

CFPB Issues its Annual Fair Lending Report and Sets its 2017 Agenda

The CFPB has issued its 2016 Fair Lending Report which provides a summary of the Bureau’s efforts in fair lending for 2016. The Report also includes an indication of the Bureau’s fair lending priorities for 2017. Here are the…more
 /  Civil Rights, Consumer Protection, Education, Finance & Banking, Real Estate - Residential

District Court Takes Perplexing View on FDCPA Standing

An Illinois district court has taken a broad view of standing under section 1692e of the FDCPA. In Koval v. Harris & Harris, Ltd., 2017 U.S. Dist. LEXIS 53124 (N.D. Ill. Apr. 5, 2017), a demand letter addressed to Michael Koval…more
 /  Civil Procedure, Constitutional Law, Finance & Banking

Misstated Summons Did Not Create FDCPA Violation

A summons which stated the consumer had thirty days to answer a debt collection suit did not violate the FDCPA when the state rules of civil procedure only provided for twenty days. In Bryant v. Kass Shuler, P.A., the consumer…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

When Financial Planning Meets Family Law

Late 2016, the Minnesota Supreme Court decided the case of Curtis v. Curtis (887 N.W.2d 249) and in so doing provided a lesson in how to invest $2,000,000.00 to maximize your return in an alimony case…more
 /  Family Law

$1.90 Can’t Buy You an FDCPA Violation

A consumer who sued a debt collector over an inaccurate statement as to the amount of a settlement offer recently saw his complaint dismissed for lack of standing. In Allgire v. HOVG, LLC, the plaintiff was contacted regarding…more
 /  Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking
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