Caren D. Enloe is Of Counsel in the firm’s Bankruptcy and Creditors’ Rights and Commercial Litigation practices.
Ms. Enloe concentrates her practice in commercial litigation with an emphasis on creditors’ rights, including the defense of creditors and debt collectors under a variety of federal and state consumer protection statutes, and the representation of creditors in commercial and consumer creditor bankruptcy cases. She is experienced in handling a variety of litigation matters involving creditors’ rights, including lender defense actions, as well as commercial and retail collection matters. She represents clients in North Carolina’s federal and state trial courts, as well as in the North Carolina Court of Appeals, North Carolina Supreme Court, and U.S. Court of Appeals for the Fourth Circuit.
Ms. Enloe has defended consumer financial service providers and members of the collection industry in numerous actions involving purported violations of a variety of consumer protection laws, including the North Carolina and federal Fair Debt Collection Practices Acts and the federal Consumer Leasing Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and Fair Credit Billing Act.
Ms. Enloe provides statewide representation for a number of clients who finance and/or lease agricultural and heavy equipment both in state court and in bankruptcy court. She also represents secured and unsecured creditors and lease creditors in protecting their rights in cases and adversary proceedings under Chapters 7, 11, 12, and 13. She also has extensive experience defending the collection and credit industries in adversary proceedings and with regard to sanctions motions.
An active educator, Ms. Enloe has written materials for and spoken with various attorney and trade groups on a wide verity of topics, including: Chapter 44A mechanics and materialmen liens, advanced construction litigation, creditors’ rights in bankruptcy, the federal and state Occupational Safety and Health Act (“OSHA”), the federal Fair Housing Act, the federal Equal Credit opportunity Act, the federal Fair Debt Collection Practices Act, the federal Fair Credit Reporting Act, the North Carolina Fair Debt statutes, and Revised Article Nine of the Commercial Code.
Honors & Affiliations
American Bar Association (Member, Business Law & Litigation Sections)
Consumer Financial Services & Commercial Financial Services Committees, American Bar Association
American Collectors Association (Member Attorney’s Program, North Carolina Chair, 2007-2011)
Conference on Consumer Law (Member)
North Carolina Bar Association (former member of the Executive Council for the Young Lawyers Division and current Member of the Bankruptcy & Litigation Sections)
North Carolina Creditor's Bar Association (Co-Chair, Educational Committee)
Wake County Bar Association (Member)
Wake County United Arts Council (Grants Panelist 2009-present)
Representative Cases and Matters
Advantage Assets, Inc. II v. Howell, 190 N.C. App. 443, 663 S.E.2d 8 (2008) (defended debt buyer regarding the validity of an arbitration award and its enforcement under the Federal Arbitration Act)
Holmes v. MBNA America Bank, N.A., 2007 U.S. Dist. LEXIS 22601 (W.D.N.C. 2007) (defended creditor and law firm regarding federal RICO claims arising from their actions in collecting debt)
Estate of Shelia Williams-Moore v. Alliance One Receivables Management, Inc., et al. 2004 U.S. Dist. LEXIS 19075, aff’d, 335 F. Supp. 2d 636 (M.D.N.C. 2004) (defended collection agency regarding 42 U.S.C. §1981 claim)
Stafford v. Discover Bank, 2004 U.S. Dist. LEXIS 26295 (M.D.N.C. 2004) (defended creditor regarding Federal Arbitration Act enforcement action)
Martin Architectural Products v. Meridian Construction Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002) (represented appellant/owner regarding the enforceability of claim of lien on funds)
Coastal Leasing Corporation v. T Bar S Corp., 128 N.C. App. 379; 496 S.E.2d 795 (1998) (represented appellee/lessor regarding enforcement of the damages provision of a true lease)
Barclays Bank PLC v. Johnson, 129 N.C. App. 370; 499 S.E.2d 768 (1998) (represented appellee holder in due course regarding the status of the promissory note as a negotiable instrument)
In Re Alexander Scott Homes, 1996 U.S. Dist. LEXIS 10121 (M.D.N.C. 1996) (represented competing lien claimant regarding the priority of claims of lien against property)
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