Caren D. Enloe

Caren Enloe is a partner who concentrates her practice in consumer financial services litigation and compliance, bankruptcy, and commercial litigation with an emphasis on creditor’s rights. She practiced with Smith Debnam from 1992 until 2011 and rejoined the firm in 2015 following a three and a half year stint with an Am Law 200 law firm based in Atlanta. Ms. Enloe has a deep understanding of the complex compliance environment surrounding the financial services industry and regularly advises financial service companies on licensing and compliance issues involving state and federal consumer protection and finance statutes.

Ms. Enloe 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 including:

• State and Federal Fair Debt Collection Practices Acts
• Federal Consumer Leasing Act
• Truth in Lending Act
• Equal Credit Opportunity Act
• Fair Credit Reporting Act
• Telephone Consumer Protection Act
• Fair Credit Billing Act

Ms. Enloe has appeared as counsel in North Carolina’s state and federal trial courts, as well as the North Carolina Court of Appeals, North Carolina Supreme Court and Fourth Circuit. Her compliance experience includes matters involving the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Truth in Lending Act, Consumer Leasing Act, Gramm Leach Bliley Act, Equal Credit Opportunity Act, Telephone Consumer Protection Act and Fair Debt Collection Practices Act.

Ms. Enloe provides statewide representation for a number of clients who finance and lease agricultural and heavy equipment both in state court and in bankruptcy court. She 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.

Enloe earned her Juris Doctor cum laude from Campbell University School of Law, where she served as a member of the law review. She holds a Bachelor of Arts and Bachelor of Music from Appalachian State University.

ADMISSIONS

State Bar of North Carolina, 1990

U.S. District Courts for the Eastern, Middle and Western District of North Carolina

U.S. Court of Appeals for the Fourth Circuit

EDUCATION

J.D., cum laude, Campbell University School of Law, 1990

B.A. and B.M., Appalachian State University, 1986

PROFESSIONAL AFFILLIATIONS

• American Bar Association (Member, Business Law & Litigation Sections)
• Federal Bar Association
• Consumer Financial Services & Commercial Financial Services Committees, American Bar Association
• ACA International (Member Attorney’s Program, North Carolina Chair, 2007-present)
• 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 (current Secretary and former Co-Chair of Educational Committee, 2012-2014)
• Wake County Bar Association (Member)
• Wake County United Arts Council (Grants Panelist 2009-2012)

REPRESENTATIVE CASES

• Boston v. Leading Edge Recovery Solutions, 2012 U.S. Dist. LEXIS 171061 (W.D.N.C. 2012) 
• Angell v. Meherrin Agric. & Chem Co., 2013 Bankr. LEXIS 1849 (E.D. Bankr. 2013) 
• Cox v. Credit Control Servs., 2013 U.S. Dist. LEXIS 60770 (W.D.N.C. 2013) 
• Gainey v. Alliance One, 2012 U.S. Dist. LEXIS 138933 (W.D.N.C. 2012) 
• Portfolio Recovery Associates v. Freeman, 717 S.E.2d 43 (2012)
• Buck v. Franklin Collection Serv., 2011 Bankr. LEXIS 4596 (2011)
• Jenkins v.Genesis Fin. Solutions, LLC, 456 B.R. 236 (2011)
• Advantage Assets, Inc. II v. Howell, 190 N.C. App. 443, 663 S.E.2d 8 (2008)
• Holmes v. MBNA America Bank, N.A., 2007 U.S. Dist. LEXIS 22601 (W.D.N.C. 2007)
• 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)
• Stafford v. Discover Bank, 2004 U.S. Dist. LEXIS 26295 (M.D.N.C. 2004)
• Martin Architectural Products v. Meridian Construction Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002)
• Coastal Leasing Corporation v. T Bar S Corp., 128 N.C. App. 379; 496 S.E.2d 795 (1998)
• Barclays Bank PLC v. Johnson, 129 N.C. App. 370; 499 S.E.2d 768 (1998)
• In Re Alexander Scott Homes, 1996 U.S. Dist. LEXIS 10121 (M.D.N.C. 1996)

PUBLISHED ARTICLES

• Co-Author,Complying with Federal Mortgage Lending Laws in North Carolina, Lorman Education Services, 2006
• Co-Author,Current Lending Compliance Issues, Lorman Education Services, 2006
• Author,North Carolina Identity Theft Protection Act: The Importance of Keeping Information Private, 2006
• Co-Author,Creditors’ Rights in Bankruptcy, Sterling Education Services, 2002
• Co-Author,Mechanics’ Lien Law and Strategies in North Carolina, National Business Institute, 2001 & 2002
• Co-Author,Revised Article 9, Lorman Education Services, 2001

 Blog: Consumer Financial Services Litigation and Compliance