Collecting Rent from a Bankrupt Tenant:

Once a tenant files for bankruptcy, a lease becomes subject to the rules of bankruptcy, the tenant becomes largely untouchable, and you “get in line” according to your priority as a creditor. Bankruptcy triggers certain legal rights and obligations not included in the lease itself that a landlord must navigate to minimize loss.

Major Changes in Federal Overtime Rules

Effective July 1, 2024, new salary thresholds will go into effect that will impact eligibility for exemptions from overtime. Affecting the exemptions for executive, administrative, and professional employees, the salary threshold will be raised to $844 per week (annualized $43,888). Respectively, those thresholds are now $684 per week, $35,568 per year.

Eligibility Issues in Chapter 13

For a debtor to be eligible to commence a Chapter 13 case, certain statutory requirements must be adhered to.  Section 109 of the Bankruptcy Code provides these requirements, which are as follows: Only “individuals” have access to Chapter 13 as a means of financial rehabilitation.  11 U.S.C. §109(e).  Eligibility for other chapters of bankruptcy is not as limited; for example, …

Kemp Mosley elected to American College of Trust & Estate Counsel

During its 2023 Annual Meeting, the Board of Regents of the American College of Trust and Estate Counsel (ACTEC) elected 19 new Fellows, including Kemp Mosley, of Narron Wenzel, P.A. Attorneys are elected as Fellows based upon outstanding reputation, exceptional skill, and substantial contributions to the field of estate and trust law by lecturing, writing, teaching, and participating in bar …

Tuition Assistance: One Small Step for Employers

Yikes, we are all going to be replaced by robots! Many experts say it’s so. Kurt Vonnegut even predicted it back in 1952 in his novel Player Piano. The prognostications are even dire for the medical and legal professions as artificial intelligence is used more and more to absorb and analyze massive amounts of data.

Access Easements to NC Real Property

An easement is a right to use or enjoy the land of another.  An easement “in gross” is for a specific individual, which may terminate in the future (such as upon death of a grantee); an appurtenant easement runs with the land. See, generally, Skvarla v. Park, 62 N.C. App. 482, 303 S.E.2d 354 (1983); Gibbs v. Wright, 17 N.C. App. 495, 195 S.E.2d 40 (1973).  An easement’s scope may be limited (i.e., only for pedestrian or vehicle ingress, egress, or regress) or unlimited (e.g., above-ground utilities). 

Starting a New Business: LLCs vs Corporations

The first question most people must decide when starting a new business is what type of entity they should form to operate the business. There are several different entity choices under state law, but by far the most common choices are limited liability companies (“LLCs”) and corporations. In this post we will attempt to highlight some of the key differences between the two with the hope of helping you make an informed decision in starting your new business.