Carter & Carter

Carter & Carter is a full service law firm with an emphasis on creditors’ rights, debtor-creditor matters, business litigation, and contract disputes.

Carter & Carter also assists clients with routine estate planning—such as wills, trusts, powers of attorney, and similar instruments—and the firm advises many clients on general corporate matters, such as forming a corporate entity, preparing its initial filings and internal paperwork, and helping its principals observe requisite corporate formalities going forward.

Oliver is certified as a Specialist in Creditors’ Rights by the American Board of Certification and regularly represents all sorts of creditors in Ch. 7, Ch. 11, and Ch. 13 bankruptcy cases. Such work includes filing a proof of claim; evaluating a claim to see if it is entitled to secured, priority, or administrative status; analyzing whether a claim is dischargeable; and evaluating a debtor’s proposed repayment plan. This work also encompasses issues related to the automatic stay, along with adversary proceedings and contested matters. In certain circumstances, Oliver advises creditors who wish to conduct additional discovery of a bankruptcy debtor’s assets, income, and expenses, and if appropriate, he will represent creditors who wish to object to a debtor’s discharge. Representative clients include judgment creditors; contractors, materialmen and homeowners; former spouses; business partners; guarantors; homeowners associations, and landlords.

Oliver also handles state court litigation, particularly those involving fraud, breach of fiduciary duty, or the fraudulent transfer of assets to evade a judgment. Oliver frequently assists other attorneys with collecting a judgment that has already been entered in another county or another state. He is regularly brought in on cases where there is the potential for a defendant to file bankruptcy or otherwise evade efforts to collect a judgment. Oliver is experienced in pre-judgment remedies including attachments and notices of lis pendens.

James O. Carter focuses his practice on estate planning and corporate matters. With 52 years of experience, Jimmy has prepared hundreds of wills and trust agreements over the years and has administered many estates. Jimmy understands exactly how an estate is administered when someone passes away, and this accumulated wisdom means that he can help clients think ahead when they are forming their estate plan, preparing their will, crafting their trust agreement, and deciding who to appoint as their attorney in fact. Similarly, having seen many corporations, LLCs, and partnerships split up over the years, Jimmy is an ideal attorney to help a new business get started on the right foot and to help established businesses work through new challenges.