One of the biggest fears people have in filing bankruptcy is being able to protect their property. Here is the good news – we can almost always protect all of your property. You are entitled to keep a generous amount of your belongings when filing bankruptcy. North Carolina law now provides higher personal exemptions–items that are protected from seizure by your creditors.

TweetFirst, let’s discuss what a judgment is. It is important to understand the lawsuit process in order to understand a judgment. When a creditor wants to pursue legal action against you for a debt, they will file a lawsuit against you by filing a “Complaint” or “Civil Summons” against you. In North Carolina, you generally [...]

TweetIt depends. Normally, you must have resided in North Carolina for the greater part of 180 days before you can file a Chapter 7 bankruptcy or Chapter 13 bankruptcy in North Carolina. Under 28 U.S.C Section 1408 of the Bankruptcy Code a person or entity filing a bankruptcy must have resided at least 180 days [...]

TweetAt your Creditor’s Meeting, the Trustee sometimes asks for additional documents. You will have a specific time frame (usually no later than 15 days) to get these documents in to him or her. These need to be sent certified mail, and also mail a copy of what you are sending to the Trustee to our [...]

TweetA Consent Order is an agreement between you (usually written up by your bankruptcy lawyer) and the mortgage company or homeowner’s association to allow you to get caught on any Chapter 13 bankruptcy payments so you can keep your house. There are a few situations to be aware of when it comes to getting together [...]

TweetMany people wonder whether or not student loans can be discharged in a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. In almost all circumstances, student loans cannot be discharged. The only time a student loan can be discharged is when there is a hardship on the debtor that makes it impossible for him or [...]

TweetIf 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 [...]

TweetUnfortunately, 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 [...]

Tweet The short answer is yes, you can still receive Social Security benefits if you are to file bankruptcy.  Whether filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, your social security benefits are not affected by filing for bankruptcy. Impact on the Means Test North Carolina bankruptcy laws are based upon the qualifications of [...]