Damon Duncan, Author at Duncan Law

Bankruptcy Basics

Does Filing for Bankruptcy Lower My House or Car Payment?

October 25, 2010

http://www.youtube.com/watch?v=x5ZXRGROQd0 Depending on which bankruptcy you file, bankruptcy may lower your monthly payments for a car but will not lower your payments for a house. A Chapter 7 bankruptcy will not lower your monthly payments but you will be wiping out all of your other debts and will no longer be charged interest and late … Read more

Bankruptcy Basics

What Types of Debts Cannot Be Wiped Out in Bankruptcy?

October 22, 2010

http://www.youtube.com/watch?v=3YNFiDhTBAw . Whether filing for a Chapter 7 bankruptcy or Chapter 13 bankruptcy, there are certain debts that you may not discharge when filing your petition. These debts include the following: Federal taxes and state taxes are typically not wiped out in bankruptcy. Any type of lien issued by the government is not eligible to … Read more

Workers' Compensation

Do Workers' Comp Laws Protect Independent Contractors in North Carolina?

October 13, 2010

The short answer is no, an independent contractor is not covered by Workers’ Compensation laws in North Carolina. However, the answer really depends on the situation. If the independent contractor is: performing the functions of an employee, taking guidance and direction from the employer, has his or her hours set by the employer, working for … Read more

Chapter 13 Bankruptcy

Can My Chapter 13 Bankruptcy Payment Change?

October 11, 2010

Workers' Compensation

Do All Employers Need to Provide Workers' Compensation Insurance?

October 8, 2010

In short, it depends. According to North Carolina General Statute §§ 97-2(1), 97-2(3), 97-93 an employer must carry workers’ compensation insurance if: Three or more employees regularly employed in the same business or establishment, or One or more employees employed in activities which involve the use or presence of radiation, or If providing agriculture or domestic services, 10 … Read more

Bankruptcy Basics

What Should I Wear to My Bankruptcy Creditors’ Meeting?

September 29, 2010

If you have filed for bankruptcy, or you are about to, you may be feeling nervous about your creditors' meeting. One of the most common questions we hear is simple but important: "What should I wear?" You want to make a good impression. You do not want to do anything wrong. That worry is normal. … Read more

Bankruptcy Basics

What If I Stop Receiving Mortgage or Car Statements After Filing for Bankruptcy?

September 24, 2010

http://www.youtube.com/watch?v=NJEk651CFqE Once you file a bankruptcy, an automatic stay goes into effect. This automatic stay states that no creditor can try to collect any debt from you; according to statute 11 U.S.C § 362 (6), “any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the … Read more

Bankruptcy Basics

Do I Have to Pay Taxes on Debts Wiped Out in Bankruptcy?

September 22, 2010

The short answer is no, you do not have to pay taxes on debts that are wiped out in bankruptcy. Quite often those trying to decide between bankruptcy and some type of debt consolidation will look to see which option will be most advantageous for them when it comes to tax implications. Usually, filing bankruptcy … Read more

Workers' Compensation

Can I Still Get Workers' Compensation Benefits If I Return to Work?

September 20, 2010

http://www.youtube.com/watch?v=RkwGj8mRJAg Returning to work after suffering an injury at work can be a risky move. If your claim says that you are completely unable to work and then you return to work while you are still able to receive workers compensation benefits, then your employer no longer has to continue paying your workers compensation benefits. … Read more

Bankruptcy Basics

What if I Accidentally Leave a Creditor Off of My Bankruptcy?

September 17, 2010

Forgetting to list a debt in your bankruptcy is one of the most common worries people have. You are juggling bills, paperwork, and stress. It is easy to overlook one credit card or one old medical bill. Here is the good news. Leaving a creditor off your bankruptcy usually is not a disaster. In most … Read more

Articles by Damon Duncan

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