caren enloe

As we emerge from the pandemic and business gets back to normal, we thought today would be a great time to talk about some of the big do's and don'ts for filing proofs of claim in bankruptcy. Featured speakers today include attorneys Jeff Rogers, Caren Enloe, and John Sperati.

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Jeff Rogers leads the firm’s Foreclosure and Collateral Recovery Section. He joined Smith Debnam in 1994 and concentrates his practice in areas affecting the financial services industry. His practice includes commercial litigation, real property litigation, foreclosure, collateral recovery, bankruptcy, title reformation, and consumer finance litigation. His clients include banks, credit unions, commercial lenders, loan servicers, finance companies, title insurance companies, and other similar businesses.

His experience has afforded him the opportunity to frequently speak on topics of interest to secured creditors, including residential and commercial foreclosure, compliance and regulatory issues, collections, collateral recovery, and title reformation. Jeff has spoken at programs and continuing legal education courses sponsored by Campbell University School of Law, the North Carolina Assistant Clerks of Court Conference, the North Carolina Bar Association, the North Carolina Creditors Bar Association, the North Carolina Bankers Association, and the North Carolina School of Government.

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Caren Enloe leads Smith Debnam’s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.

Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.

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John Sperati is a partner and member of Smith Debnam’s Creditors’ Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors’ rights. 

In this episode, attorneys Jerry Myers and Caren Enloe discuss the Bona Fide Error Defense under the Fair Debt Collection Practices Act, including what a Bona Fide Error Defense is and how a collector may use it to their advantage. We also outline some of its disadvantages as well.

Caren Enloe leads Smith Debnam’s Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues.

An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication.

Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. 

Jerry Myers is Smith Debnam’s Managing Partner. He concentrates his practice in the area of creditors’ rights, with an emphasis on debt collection, judgment enforcement, and commercial litigation. Jerry served as President of the Commercial Law League of America, an organization of creditors’ rights professionals, and is certified in the field of Creditors’ Rights Law by the American Board of Certifications. Jerry is an active member of the National Creditors Bar Association, presenting CLE programs and serving on committees. Jerry was also instrumental in forming the North Carolina Creditors’ Bar Association, a specialty bar whose members are committed to advocating for the rights of lenders and others in the credit and collections industry.

Jerry’s practice includes litigation, regulatory compliance, and licensing matters, and general business representation. He has practiced in the creditors’ rights field for more than 30 years and has written and lectured extensively on debt collection and judgment enforcement. Jerry has presented CLE programs sponsored by institutions including Wake Forest University School of Law, the North Carolina Bar Foundation, the Commercial Law League of America, and the National Creditors Bar Association.