Here's the link to the oral argument I made before the 4th Circuit Court of Appeals in the John McCormick Bankruptcy Case on December 7th. I represent Mr. and Mrs. Macky who lent $60,000 to John McCormick. My part is about 2/3 of the way through, after the attorney for Suntrust Bank opens and my colleague, David Rooks, speaks for the trustee. It was the longest 10 minutes of my life! But I think my argument was well received, and the judges seem to hammer the Suntrust attorney afterwards, even saying "Mr. Maitland said...." Keep your fingers crossed, we have been fighting this case for 5+ years!
http://coop.ca4.uscourts.gov/OAarchive/mp3/10-2027-20111207.mp3
Thursday, December 15, 2011
Monday, November 28, 2011
Rob Maitland to argue before United States 4th Circuit Court of Appeals!
Rob Maitland is one step away from the United States Supreme Court!
It is estimated that approximately 88 million cases are filed at the state level in the U.S. annually. Less than 1% of all cases are appealed to the intermediate state level. So it's very rare when your case is appealed from State Court to Federal Court and then chosen to be heard for oral arguments at the U.S. 4th Circuit Court of Appeals. The only appeal higher is the United States Supreme Court.
On December 7, 2011, Rob Maitland will be arguing for Marc and Maryann Macky in Suntrust Bank, N.A., v. Macky, Northern, et al before the U.S. 4th Circuit Court of Appeals in Richmond, Virginia. The case arises from a case of first impression involving Orange County's real estate recording index which is unique to all other counties in North Carolina. Rob represents Mr. and Mrs. Macky who properly recorded a deed of trust in first position to secure a loan.
The problem? Suntrust Bank thought it had recorded a lien on the same property and one other several years earlier, but only put one Parcel Identification Number (PIN) on the deed of trust when it was recorded. Because Orange County registers all properties only by PINs, the Suntrust deed of trust was only effective against the one property and not the property the Mackys placed their lien upon. So, the Mackys are protected and Suntrust is not.
To make things more interesting, this case arises from the bankruptcy of John McCormick, a notorious local attorney who allegedly absconded with several million dollars of clients' trust funds. If Rob and the Mackys prevail, the Mackys will be paid the full amount owed to them by Mr. McCormick's bankruptcy estate and Suntrust will not be considered a "secured creditor" by virtue of its defective deed of trust. Suntrust will join the pool of "unsecured creditors" to be paid from the bankruptcy estate on a prorata basis. If Suntrust prevails, the Mackys will still be in a secured position but the Suntrust lien will likely swallow any equity remaining in the property and thus the Mackys will effectively become unsecured creditors.
So far, Rob and the Mackys have won at the Durham Federal Bankruptcy Court (twice) and the Greensboro United States Middle District Court. Keep your fingers crossed they win in Richmond!
It is estimated that approximately 88 million cases are filed at the state level in the U.S. annually. Less than 1% of all cases are appealed to the intermediate state level. So it's very rare when your case is appealed from State Court to Federal Court and then chosen to be heard for oral arguments at the U.S. 4th Circuit Court of Appeals. The only appeal higher is the United States Supreme Court.
On December 7, 2011, Rob Maitland will be arguing for Marc and Maryann Macky in Suntrust Bank, N.A., v. Macky, Northern, et al before the U.S. 4th Circuit Court of Appeals in Richmond, Virginia. The case arises from a case of first impression involving Orange County's real estate recording index which is unique to all other counties in North Carolina. Rob represents Mr. and Mrs. Macky who properly recorded a deed of trust in first position to secure a loan.
The problem? Suntrust Bank thought it had recorded a lien on the same property and one other several years earlier, but only put one Parcel Identification Number (PIN) on the deed of trust when it was recorded. Because Orange County registers all properties only by PINs, the Suntrust deed of trust was only effective against the one property and not the property the Mackys placed their lien upon. So, the Mackys are protected and Suntrust is not.
To make things more interesting, this case arises from the bankruptcy of John McCormick, a notorious local attorney who allegedly absconded with several million dollars of clients' trust funds. If Rob and the Mackys prevail, the Mackys will be paid the full amount owed to them by Mr. McCormick's bankruptcy estate and Suntrust will not be considered a "secured creditor" by virtue of its defective deed of trust. Suntrust will join the pool of "unsecured creditors" to be paid from the bankruptcy estate on a prorata basis. If Suntrust prevails, the Mackys will still be in a secured position but the Suntrust lien will likely swallow any equity remaining in the property and thus the Mackys will effectively become unsecured creditors.
So far, Rob and the Mackys have won at the Durham Federal Bankruptcy Court (twice) and the Greensboro United States Middle District Court. Keep your fingers crossed they win in Richmond!
Tuesday, September 20, 2011
9/27 Chapel Hill 2020 Meeting- East Chapel Hill HS
Rob Maitland is proud to have been appointed to be a leading member of Chapel Hill's 2020 Project, a new Comprehensive Plan to reexamine the vision for Chapel Hill and our community's future. The new planning and visioning document will create a framework for the community to guide our Town Council in managing Chapel Hill's future over the next 20 years.
Rob believes that too often politics can be controlled by vested interests on the extreme 10% of each side of an issue. Chapel Hill 2020 is committed to hearing the voices of the "80% of us in the middle" and that's why we encourage you to participate in the process. Now is your chance to make a difference!
The first meeting is from 5:00-8:00 p.m. on September 27th at East Chapel Hill High School. Please come for all or part of the meeting, child care is available. You can get more information at http://www.chapelhill2020.org/
Friday, June 10, 2011
Hire Power
If you want to grow your business, sooner or later you're going to have to get some help. But hiring can be tough. Sure, it's nerve racking when you're the one looking for a job. But surprisingly, it's also intimidating when you're on the other side of the desk, looking to hire just the right person to help grow your company. With the proper preparation, however, you'll find just the perfect person or people to add to your team. You won't have to do everything alone, and they'll help take your business to the next level.
Ten Hiring Do's and Don'ts:
DO write a clear job description. It is tempting to just jot down a quick job description when it's time to place a help-wanted ad. But developing a clear job description is actually key to hiring success. It helps you attract exactly the right applicants, saves you time and helps you understand exactly what interview questions to ask and what tasks you'll assign to your new staff member.
DO be realistic. While it's typical in a small business for people to wear many hats, consider whether one real live person can manage very different tasks.
DO be realistic. While it's typical in a small business for people to wear many hats, consider whether one real live person can manage very different tasks.
DO interview several candidates. Even if you're really excited about on applicant, you'll have a better idea if he or she is really the right person for the job if you interview at least three prospects in person.
DO be prepared. When interviewing, have a list of questions ready and be sure to ask the same questions of every candidate, as well as questions based on each individual's own resume.
DO hire for attitude, train for skills. If you find someone with a can-do and will-do attitude, that'll be more important in the long run, than someone with exactly the right experience or education. Look for willing, eager-to-succeed employees and train them for the specific job tasks.
DON'T be in a hurry. Keep looking until you find the right person. Of course, you'll never find someone who's exactly perfect, but filling a position just because you need someone now is likely to lead to problems later.
DON'T do all the talking. When you're conducting an interview, it's typical to just start talking. You'll want to tell the applicant about the job and your company, but you won't learn enough aout an applicant if you do all of the talking.
DON'T be overly impressed by credentials. It's easy to be swayed by names of big corporations or leading universities on a resume. But remember, you're looking for the best candidate, not the best resume.
DON'T be swayed by your first impression. For important jobs, arrange for a second in-person interview with your top prospects. Also be sure to check references.
DON'T make - or imply - promises of job security or future raises. For legal reasons, be careful not to say anything that can be misinterpreted as an implied contract, such as "I never fire anyone," or "You'll be here for at least five years." It's a good idea to give new hires an offer letter by spelling out their pay and benefits and making it clear that they're an at-will employee (meaning you can terminate them without cause).
We hope that these tips helped! If you would like to see the original article, check out The Costco Connection, Hire Power, by Rhonda Abrams.Tuesday, May 31, 2011
Updated News on Interest Rates
Great News! Interest Rates have hit new low for 2011
We want you to know that rates have moved to their lowest levels of the year.
30 year fixed rates are back in the low to mid 4's
5 year arms are in the high 2's and low 3's
Jumbo rates have moved to their lowest levels ever with 30 year fixed rates in the mid 4's.
If you have been thinking about refinancing or buying a new home, now is the time. Remember, we recommend that you always use a local lender. Please feel free to contact Rob Maitland for recommendations or to discuss your current financing needs.
Thursday, May 26, 2011
How To Estimate Your Blood Alcohol Content (BAC) Using This Chart
1. Find your weight in the left hand column
2. Match your weight with the number of “Drinks” you have consumed
3. Subtract .015 for each hour that you have been drinking to compensate for alcohol that your body has processed during that time
Wednesday, May 11, 2011
Get Out of Jail Free!
Our Special Offer to You - Don't Miss Out!
As your hometown law firm, we are proud to ofer a big discount through our famous "Get Out of Jail Free Card!"
Buy a voucher for just $75 and you will be entitled to $175 in attorney's fees. That's enough to cover a traffic ticket defense - and let's be honest there is a good chance you'll get one of those within the next year!
Think of this special voucher as a "Keep My Insurance Points Minimized Card." We can't guarantee results, of course, but we do promise to vigorously defend your rights!
Also keep in mind that the card is not limited to traffic tickets. You can use the "Get Out of Jail Free Card" for many other legal services - maybe drafting your will that you've been putting off, or help with a real estate closing that you know is just around the corner.
This voucher is good for one year, so why not take advantage of this rare offer and save big the next time you need legal help! But don't wait long - you have until Wednesday May 11 at 11:59pm to purchase the voucher!
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