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  • Oliver & Cheek Attorneys Named to 2021 NC Legal Elite and Super Lawyers

    For immediate release                                    For more information contact:
    January 22, 2021                                           Cathi Miller at 252-633-1930        

    Oliver & Cheek Attorneys Named to 2021 NC Legal Elite and Super Lawyers

    Oliver & Cheek, PLLC attorneys George M. Oliver and Ciara L. Rogers have been named to both Business North Carolina Magazine’s 2021 Legal Elite list for bankruptcy law and to the 2021 Super Lawyers top attorneys in North Carolina. Those receiving the honor of NC Legal Elite are chosen by members of the North Carolina State Bar and represent fewer than 4% of the state’s active attorneys as the current best in 16 business-related legal categories. Super Lawyers annually selects no more than 5% of a state’s lawyers who have attained a high degree of peer recognition and professional achievement.  Both lists are widely used as a resource for attorneys and consumers seeking legal counsel.

    Oliver is a board-certified specialist in business bankruptcy law, certified by the North Carolina State Bar. He has been recognized in the Legal Elite for Bankruptcy since 2009 and has received numerous other professional awards, including designation by Super Lawyers magazine as one of North Carolina’s bankruptcy Super Lawyers since 2009. Considered a leader in the field of bankruptcy law, Oliver has been a frequent speaker at legal conferences on bankruptcy issues across the country and has authored several articles on the topic for national publications.

    Rogers’ practice focuses on debtors’ and creditors’ rights in all chapters of bankruptcy, serving as a Sub-Chapter V trustee, representing state court appointed receivers, and litigation before state and federal courts. In addition to being selected to Business North Carolina Magazine’s 2021 Legal Elite, Rogers is also a two-year recipient of the Super Lawyers Rising Star honor.  Rogers anchors Oliver & Cheek’s Raleigh office and directs the Stubbs Bankruptcy Clinic at Campbell Law School.

    Oliver & Cheek, PLLC, has offices in New Bern, Greenville, Raleigh, Wilmington and Wilson, North Carolina and serves a diverse range of clients throughout the eastern portion of the state. For more information, contact us at www.olivercheek.com.

  • Time to use those gift cards and store credit

    Would you just throw away $20 or $50?

    Of course not.

    But, many people do with gift cards. It’s estimated unused ones add up to about $20 billion nationwide.

    With companies filing for bankruptcy, attorney Ciara Rogers (from the Law Offices of Oliver & Cheek, PLLC) suggested people use their gift cards as soon as possible.

    Even though stores and restaurants are open, it may not be enough for all of them to survive — some are headed for bankruptcy. >> READ MORE

  • Unemployment is up in NC, but bankruptcies are down – so far

    July 20, 2020: RALEIGH, N.C. — The coronavirus pandemic has wreaked havoc on North Carolina’s economy:

    • The state unemployment rate jumped to 12.9 percent in April as businesses were ordered closed to limit the spread of the virus. As restrictions have eased, the jobless rate fell back to 7.6 percent in June, but that is still double what it was before the pandemic.
    • More than 800,000 people statewide have received about $6.1 billion in unemployment benefits, with about two-thirds of that coming from federal benefits that are set to expire at the end of the week.
    • More than 1,600 North Carolina companies also obtained anywhere from $150,000 to $10 million through the federal Paycheck Protection Program – another 105,000 received lesser amounts – to keep workers on their payrolls.

    WRAL Investigates found that those investments have paid off on at least one front so far – personal bankruptcies are down in North Carolina. But that safety net could soon run out.

    Ciara Rogers discusses her hopes for the future and how to successfully plan for financial security. >>READ MORE

    law offices of oliver and cheek, locations, New Bern Nc, Business law, Consumer law, estate planning,
  • Oliver & Cheek, PLLC offers free consultation to those financially affected by COVID-19

    The Law Office of Oliver & Cheek, PLLC sends its best wishes to our friends and neighbors in Eastern North Carolina as we all work our way through this difficult period.  Should you or your family experience job loss or income reduction causing you to fall behind on your monthly expenses, we are here to help.

    To aid in the recovery from this unprecedented crisis, our firm will advance the up-front costs of filing a Chapter 13 bankruptcy case for those who qualify.  This means that $0.00 is paid up front and the advanced costs of $362.00 for an individual or $390.00 for a couple are reimbursed through the monthly Chapter 13 plan payment.

    If you are experiencing COVID-19 related financial hardships or have questions whether you qualify, please give us a call at 252-633-1930 to schedule a free remote or telephonic consultation.

    Disclaimer: Qualification for advancement of costs is determined on a case by case basis after consultation with one of our attorneys.  We are debt relief agency.  We help people file for bankruptcy relief under the Bankruptcy Code.  This is for informational purposes ONLY. No attorney-client relationship is established by or should be inferred and The Law Offices of Oliver & Cheek, PLLC does not accept new clients before conducting a conflict of interest check and executing an engagement letter.

  • Planning for Your Aging Parents

    America is getting older. The overall age of the population of the United States has shifted dramatically over the last 60 to 80 years, and experts agree that its impact on the family is clear.

    The overall age of the population of the United States has shifted dramatically over the last 60 to 80 years, and experts agree that its impact on the family is clear.

    The overall age of the population of the United States has shifted dramatically over the last 60 to 80 years, and experts agree that its impact on the family is clear.

    “There is definitely a changing age structure within families today,” says Neal Cutler, PhD. He is the executive director of the Center on Aging for the Motion Picture and Television Fund in Woodlawn Hills, Calif. “Its cause is simply greater longevity.”

    With more Americans living well beyond their 70s, more adult children are now left in a position where they must take on the role of caregiver for their aging parents.  And though being a caregiver is something that sounds relatively straightforward, it actually involves a host of issues that requires a mix of legal, financial and governmental resources. 

    From a legal perspective, there are certain documents you need to have in place in order to be able to care for your aging parents, and studies have found that nearly half of the adult population in the United States does not have them.  The legal documents you will need to have in order to become involved in the day to day affairs of your parent’s lives include the following:

    FINANCIAL POWER OF ATTORNEY

    A power of attorney (or POA) is a legal document through which an individual authorizes someone to act on his behalf. The person who gives the authority (your parent) is called the principal, and the person who has the authority to act for the principal (you) is called the agent or the attorney-in-fact. Financial power of attorney grants you the legal authority to act on your parents’ behalf for financial issues such as accessing financial accounts, paying bills, taxes, medical expenses, managing real estate assets and more should they become incapacitated and unable to carry out those tasks themselves.

    Generally, the timing of when the POA becomes effective is dependent upon future the occurrence of a certain event.  The most common future event is the incapacity of the principal which could be due health issues leaving them unable to make necessary and important life decisions. It is a good idea to become familiar with your parents’ affairs before the POA becomes effective.

    HEALTHCARE POWER OF ATTORNEY

    A healthcare power of attorney allows one or both of your parents to grant you the authority to make medical and end-of-life care decisions on their behalf. It allows them to name a trusted person (you) to oversee that their wishes are carried out, or to use your judgment in directing decisions about their medical care. In addition to granting you power of attorney, they should name a successor, such as your sibling or other close relative or friend, in case you become unable to fulfill the duties. 

    LIVING WILL

    A living will is a type of estate plan that allows your parents to express their medical and end-of-life treatment decisions, in order to provide family members and health care personnel with clear medical care instructions. In general, if a living will meets legal requirements, then the instructions it provides are legally valid and binding. It does not appoint anyone to make decisions for your parents and only applies if they are in a terminal or permanent unconscious condition.

    One of the biggest benefits of the living will is that it helps avoid unwanted treatments and disputes between family members over your parents’ care.  It will allow your parents to name a trusted person (you) to ensure that their end-of-life wishes are carried out should they not be in the position to make that clear for themselves.

    HIPAA CONSENT FORM

    HIPAA — the Health Information Portability and Accountability Act — provided the first nationally recognizable regulations for the use and/or disclosure of an individual’s health information. It is the federal legislation responsible for keeping personal health information private.

    If your parents want you to be privy to information about their healthcare, they must sign a HIPAA document that grants their health care provider permission to share it with you.  At that point, you will have the right to request and obtain your parents’ health information when necessary.

    Of course, none of these forms will be helpful unless someone knows they exist! You should have the originals, and your parents’ regular doctors should be provided with copies to keep in the medical records files. If your parent is planning to enter the hospital, you will probably be asked prior to admission to provide the hospital with copies of these documents. 

    When it comes to making arrangements for your aging parents, most experts would advise you not to wait until it may be too late to engage in proper legal planning. We encourage you to make a point of having these conversations with family members while they are still of sound mind and able to contribute to the conversation and comprehend exactly what documents they are signing and why. These discussions can be difficult, but an experienced elder law attorney can help guide the process and ensure that it goes smoothly. At Oliver and Cheek, we can help you outline exactly what is needed as you and your family plan for the future care of your aging parents.  If you’re ready to start the planning process, or if you have any questions, please contact the law offices of Oliver & Cheek by calling (252) 633-1930 or visiting www.olivercheek.com.

    (sources: www.nbc.com, www.findlaw.com, www.agingcare.com)

    Oliver Cheek New Bern NC can help you with planning for aging parents. Elder law.

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