Creditors' Corner LEGAL TALK

Smith Debnam Narron Drake Saintsing & Myers, LLP

Smith Debnam's Creditors' Corner Legal Talk Podcast Series explores regulatory and litigation trends impacting the consumer financial services industry. Become well-versed in state laws, federal laws, news from the supreme court, and the latest updates and trends in consumer financial services litigation. This podcast is a must-listen for those working in financial institutions, consumer finance, consumer credit, mortgage servicers, auto finance companies, litigators, and more. Listen to great topics on consumer protection laws, regulatory compliance, and consumer lending, as well as legal updates in Trusts & Estates, Real Estate Law, and Equipment Leasing and Finance. Hosted by Smith Debnam's experienced legal team - this podcast provides practical analysis and helpful insights from leading attorneys in their respective fields of law.

  1. May 12

    Navigating Sovereign Citizen Claims: Legal Theories, Risks, and Defense Strategies

    In this episode of Creditor’s Corner: Legal Talk, Smith Debnam attorneys Caren Enloe and David Belisle examine the growing challenges posed by the sovereign citizen movement and the impact these tactics are having on creditors, lenders, businesses, and the court system. Drawing from decades of litigation and compliance experience, Caren and David unpack the origins of sovereign citizen theories, the misuse of legal filings and Uniform Commercial Code (“UCC”) documents, and the rise of what many courts and practitioners describe as “paper terrorism.” Listeners will gain insight into how sovereign citizen arguments attempt to exploit misunderstandings surrounding debt enforcement, fictitious Treasury accounts, bills of exchange, and arbitration schemes. The discussion also explores why these filings can create operational and legal headaches for businesses despite lacking legitimate legal authority. Caren shares practical strategies for identifying sovereign citizen tactics early, minimizing disruption, and responding effectively when these claims surface in litigation or collection matters. The episode also highlights Caren Enloe’s recent publication, “Sovereign Citizens and the Raging War of Paper Terrorism,” published in the Consumer Finance Law Quarterly Report, and discusses how creditors and legal professionals can better prepare for increasingly sophisticated attempts to misuse the legal system. Caren Enloe is a Partner at Smith Debnam with more than thirty years of litigation and compliance experience representing consumer financial service providers, creditors, and lenders in state and federal courts nationwide. Her practice includes consumer finance litigation, bankruptcy matters, compliance counseling, and regulatory defense. David Belisle is an Associate Attorney whose practice focuses on creditors’ rights litigation, collateral recovery, foreclosure, and commercial debt enforcement. Before practicing law, David worked as an engineer, bringing a methodical and strategic approach to complex litigation matters.

    20 min
  2. 10/18/2022

    Dealing with DMCs and the Unauthorized Practice of Law

    Attorneys Christina McAlpin Taylor, Melissa Tulis, and Rachel Rogers discuss dealing with debt management companies - the risks and challenges they pose from the point of view of a collections attorney. Christina McAlpin Taylor is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm’s Creditors’ Rights and Collections practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. In 2016, she was named to the 25 Most Influential Women in Collections by Collection Advisor Magazine. Christina was named to the 2020 class of East Carolina University’s 40 Under Forty Leadership Awards. In 2021, she was appointed to serve a four-year term on the East Carolina University (ECU) Women’s Roundtable Board of Directors. Rachel Rogers is an associate attorney within the Consumer Collections group at Smith Debnam. Her practice experience includes Construction Law, Creditors’ Rights & Collections, Corporate & Business Law, and Business Litigation. Melissa Tulis is an associate in the firm’s Creditors’ Rights and Collections practice group, representing a broad range of businesses in North and South Carolina through all stages of the collection litigation process, including pre-suit collection efforts, lawsuits, judgments, and executions.

    25 min

Ratings & Reviews

5
out of 5
7 Ratings

About

Smith Debnam's Creditors' Corner Legal Talk Podcast Series explores regulatory and litigation trends impacting the consumer financial services industry. Become well-versed in state laws, federal laws, news from the supreme court, and the latest updates and trends in consumer financial services litigation. This podcast is a must-listen for those working in financial institutions, consumer finance, consumer credit, mortgage servicers, auto finance companies, litigators, and more. Listen to great topics on consumer protection laws, regulatory compliance, and consumer lending, as well as legal updates in Trusts & Estates, Real Estate Law, and Equipment Leasing and Finance. Hosted by Smith Debnam's experienced legal team - this podcast provides practical analysis and helpful insights from leading attorneys in their respective fields of law.

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