If you have recently filed a Chapter 7 bankruptcy or a Chapter 13 bankruptcy it is important that you ensure your retirement plans are ERISA qualified. The bankruptcy trustee, who represents your creditors, will probably require that you present him or her with evidence at the creditor’s meeting, showing that your retirement plan with your employer (if […]
What is an ERISA Qualified Plan and Why Do I Need it for My Bankruptcy Case?
Too often nursing home abuse or neglect takes place in a nursing home but is never detected until it is too late. One of the unfortunate realities about growing old is that your body and mind begin to deteriorate. That is a fact of life. However, the excuses that injuries and conditions are caused by […]
What is the “standard of care” in a medical malpractice case in North Carolina? Many people have asked us this question at Duncan Law. In North Carolina to be successful in a medical malpractice action, you must prove to a jury or judge that the defendant healthcare provider deviated from or violated the standard of […]
Unfortunately, alimony and child support cannot be wiped out in bankruptcy. Alimony and child support are considered “priority” debts that must be repaid. In other words, the bankruptcy laws view alimony and child support as very important debt that one cannot just wipe out with a bankruptcy. However, if you are behind on your alimony […]