January 8, 2004 MEDIA RELEASE

RE: Volunteer attorneys to assist with cemetery bankruptcy claims

(Raleigh, NC) – Legal Aid of North Carolina and volunteer attorneys from the NC Bar Association have offered to provide free legal services to consumers who may be owed services, goods or burial plots by two bankrupt cemeteries in North Carolina.

"Letters have been sent to persons who may be owed services, goods, or burial plots by either Mount Lawn Memorial Park in Boone or Lee Memory Gardens in Sanford, both of which are in chapter 7 bankruptcy," declared attorney Victoria Wright, a member of the volunteer lawyer team. "Our committee of volunteer lawyers is working with Legal Aid of North Carolina to make sure that consumers (claimants) can get help with filing their proof of claim forms."

In Bankruptcy, a "proof of claim" is a signed statement that describes a person’s claim against a company or individual that has filed bankruptcy. If a person does not file a proof of claim by the deadline, then s/he may not be paid any money on the claim against the debtor in the bankruptcy case.

Last month, the deadline for filing proof of claim forms in the bankruptcy cases of Mount Lawn Memorial Park in Boone or Lee Memory Gardens in Sanford was extended to February 19, 2004. The claims need to be received by the clerk of court in the U.S. Bankruptcy Court in Greensboro no later than that date.

For consumers who need help filling out proof of claim forms but cannot afford an attorney, the volunteer lawyers will provide assistance on Saturday, January 24, 2004 from 10:00 am to 4:00 pm at two locations (one in Boone and one in Sanford):

    • The Cooperative Extension
      971 W. King Street
      Boone, NC 28607

    • North Carolina Cooperative Extension Service
      Lee County Center
      2420 Tramway Road
      Sanford, NC 27332-9174

"Please make a reservation for the event by calling either the Legal Aid of North Carolina-Sanford Office, 919-774-6241, or the Legal Aid of North Carolina-Boone Office, 828-264-5640," Wright requested. "Service at our two volunteer events will be provided on a first-come, first-serve basis."

Consumers who make an appointment to receive these free legal services will need to bring the following items with them:

    • Two copies (not the original) of any documentation about the plot, goods, or services purchased from the cemetery, including any proof of all payments made; and

    • The proof of claim form that was mailed to you from the bankruptcy court, and one additional copy of this form.

Wright also emphasized that any bankruptcy attorney should be able to help claimants complete the forms, but usually will charge a fee for these services. Those low-income persons who cannot afford an attorney can call the nearest Legal Aid of North Carolina office to make an appointment at one of the January 24 events.

Copies of the proof of claim ("B10") form may be obtained from the website for the Middle District of the U.S. Bankrupt Court, www.ncmb.uscourts.gov. First click on the "procedures and forms" hyperlink; then on the "proof of claim – B10" hyperlink. Or you can obtain the form by calling the Legal Aid of North Carolina-Sanford Office, 919-774-6241, or the Legal Aid of North Carolina-Boone Office, 828-264-5640.

The completed proof of claim form and all attachments need to be filed at: U.S. Bankruptcy Court of Clerk’s Office, P.O. Box 26100, Greensboro, NC 27420-6100. The court of clerk’s office must receive the claim by February 19, 2004. If a file-stamped copy of your claim is desired, include a second copy of your claim and attachments along with a self-addressed envelope including sufficient postage on it.

"At this time, it is anticipated that consumers who are only owed burial plots and grave opening and closing services will be taken care of by the purchasers of the cemeteries, but it never hurts to file a proof of claim," notes Wright "If you also are owed ‘goods’ such as a vault, a tombstone, marker or the like, you should definitely file a claim to protect your rights."

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity.

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The materials contained on this website are for information and educational purposes only and do not constitute legal advice. Please contact your Legal Aid of North Carolina office or a private attorney if you need to speak to an attorney regarding your particular situation. See our complete disclaimer.

Mission Statement

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity.

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