Articles by Damon Duncan
What is a Notice of Rights to Have Exemptions Designated?
A Notice of Rights to Have Exemptions Designated is a fancy way of the creditor letting you know that your property is going to be taken from you. As mentioned in another blog post, after the creditor serves you with a lawsuit you have 30 days to provide a written response, also called an answer, … Read more
Can I Recover Workers’ Comp Benefits if I Had a Heart Attack at Work?
Like many areas in the law, it depends. If the heart attack occurred during your normal work activities, usually the heart attack injury is not compensable under North Carolina workers’ compensation laws. For the injury to be compensable, the worker must show the heart attack was caused by some unusual or unexpected event and was … Read more
Can I Get a New Apartment Lease During Bankruptcy?
You sure can! It may be a bit more difficult to find a place that will rent to you than it otherwise would be, but be patient. Depending on the rental agency, you may be required to pay a higher security deposit or even be required to have a co-signer. It really depends on the rental agency.
What is a Preference in Bankruptcy?
Preference in a bankruptcy means that you are showing favoritism to one creditor over the others. In other words, you treat one creditor better than another. For an example, let’s say that you received a bonus check of $1000 on top of your regular pay. You have a large number of creditors and you owe … Read more
How Do I Apply For Food Stamps?
Food stamps are a wonderful benefit for those who qualify. If there are times when you are finding yourself in the predicament of deciding whether to pay the energy bill or buy groceries for the week, you should take the time to research the eligibility requirements for food stamps. If you are in North Carolina, … Read more
Will Automatic Drafts With My Bank Stop After I File Bankruptcy?
If you have bills automatically drafted from your bank account each month, filing bankruptcy creates an immediate and important change — but it does not affect all automatic drafts equally. Whether a specific draft continues depends on the type of debt, how it is treated in your bankruptcy, and whether the creditor is a secured … Read more
If I Choose To Voluntarily Turn In My Car, What Should I Do?
Losing a car you can no longer afford is stressful. Maybe you are behind on payments. Maybe you know that next month, or the month after, you simply will not be able to keep up. You may be thinking about handing the car back to the lender yourself instead of waiting for someone to come … Read more
Upside Down or Under Water on Your Home? Bankruptcy May Help!
With the decline in the housing market many people find they are “upside down” or “under water” on their home. In other words, do you owe more for the house than what it is worth? If that is your situation and you have two or more mortgages, you may find that Chapter 13 bankruptcy is … Read more
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