Facing debt, foreclosure, or
constant creditor calls
in Winston-Salem?
You have options.

Chapter 7 is a liquidation bankruptcy that discharges most unsecured debts (credit cards, medical bills, personal loans) in 4–6 months. Most filers keep their home and car because NC exemptions protect significant property. Chapter 13 is a reorganization bankruptcy where you make payments through a 3–5 year plan, allowing you to catch up on mortgage or car arrears and keep property you might otherwise lose. The right chapter depends on your income, property, and goals.

For Chapter 7, you must pass the means test — a comparison of your income against the North Carolina median income for a household your size. If your income falls below the median, you generally qualify automatically. If it is above, additional calculations determine eligibility. Chapter 13 requires regular income to fund a repayment plan. Most people with a genuine need for debt relief qualify for one chapter or the other. A free consultation will determine your options at no cost.

Insolvency generally means your debts exceed your assets, or you are unable to pay your debts as they come due. You do not need to be technically insolvent to file for bankruptcy — the means test and other eligibility requirements govern qualification. Many people who file are still current on some payments but can see that their overall financial situation is unsustainable.

Typically you will need: recent pay stubs (last 60 days), your last two years of tax returns, bank statements, a list of all creditors and balances, documentation of property you own (mortgage statements, vehicle titles), and recent monthly expenses. We provide you with a complete checklist and walk you through gathering documents step by step.

The Section 341 Meeting of Creditors is required in both Chapter 7 and Chapter 13 cases — a brief meeting with the bankruptcy trustee typically conducted by telephone in the Middle District of NC and lasting only a few minutes. Creditors rarely appear. For Chapter 13, there may be additional hearings, but Duncan Law handles all appearances and communications on your behalf.

Winston-Salem and Forsyth County cases are filed with the United States Bankruptcy Court for the Middle District of North Carolina, Winston-Salem Division, located at 601 W. 4th Street in Winston-Salem. Duncan Law handles all filings and court communications on your behalf. Most clients never need to appear at the courthouse.

The moment your case is filed, an automatic stay goes into effect. This federal court order immediately stops: all collection calls and letters, wage garnishments, bank levies, foreclosure proceedings, repossession attempts, and most lawsuits. Creditors who violate the automatic stay can be held in contempt of court. The relief is immediate.

In the vast majority of cases we handle, yes. North Carolina exemptions protect substantial property: home equity up to certain limits, one motor vehicle, retirement accounts, and essential personal property. In Chapter 7, exempt property is protected. In Chapter 13, you keep all property and catch up on mortgage or car arrears through your plan.

Yes. Filing bankruptcy triggers an automatic stay that stops foreclosure proceedings immediately — regardless of how close the foreclosure sale date is. Chapter 13 can then give you 3–5 years to catch up on missed mortgage payments through your repayment plan, allowing you to keep your home.

Student loans are generally not dischargeable unless you can demonstrate “undue hardship” through a separate legal proceeding — a high standard. However, the automatic stay stops any student loan wage garnishment while the bankruptcy is active, providing temporary relief.

Almost all of our consultations and appointments are conducted by phone. We designed our practice this way because people dealing with financial stress often have limited time, transportation challenges, or simply find it easier to talk privately from home.

Chapter 7 remains on your credit report for up to 10 years from the filing date. Chapter 13 remains for up to 7 years. Individual discharged debts are also removed, which can improve your debt-to-income ratio. Many clients see meaningful credit score improvement within 1–2 years of filing.

For FHA loans, the typical waiting period is 2 years after a Chapter 7 discharge and 1 year into a Chapter 13 plan (with court approval). For conventional loans, waiting periods are typically 4 years after Chapter 7 and 2 years after Chapter 13 discharge. Many of our clients successfully purchase homes within a few years of filing.

Yes. Many filers receive credit card offers within months of their discharge. Secured credit cards are commonly available immediately after bankruptcy and are one of the most effective tools for rebuilding credit when used responsibly.

Some income tax debts can be discharged if they meet specific requirements: the return was due at least 3 years before filing, the return was actually filed at least 2 years before filing, and the tax was assessed at least 240 days before filing. Payroll taxes, recent tax years, and taxes where the IRS has filed a lien generally cannot be discharged.

Tax refunds can be treated as assets depending on the timing of your filing and the size of the refund. In some cases, the trustee may claim part or all of a refund owed for the tax year in which you filed. Understanding how refunds will be treated is an important part of pre-filing planning we do with every client.

You are not legally required to hire an attorney. However, bankruptcy law is complex, the paperwork is extensive, and mistakes can result in case dismissal or loss of exemptions. The cost of a bankruptcy attorney is often modest relative to the debt being discharged, and experienced representation significantly reduces the risk of costly errors.

Look for an attorney who focuses on consumer bankruptcy, who will give you a direct consultation rather than delegating to a paralegal, and who is transparent about fees. Board certification in consumer bankruptcy law — held by Damon Duncan — is the highest credential available in this field and requires demonstrated experience and a rigorous examination. Client reviews are also a strong indicator of the experience you can expect.