Duncan Law Blog

Bankruptcy Insights & Resources

Practical guidance on Chapter 7, Chapter 13, foreclosure defense, and debt relief for North Carolina families.

Workers' Compensation

What is Total and Permanent Disability?

If you have suffered a workers’ compensation injury, the impact on you and your family can be financially and emotionally devastating.  When the injury results in total and permanent disability, the impact is more profound.  Not only is there the trauma from the injury but there is one less wage earner in the family. Total … Read more

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Workers' Compensation

Can I Collect Unemployment and Workers' Compensation Benefits at the Same Time?

You cannot receive unemployment and workers’ compensation payouts or benefits at the same time.  The principal behind workers compensation is that you are getting reimbursed for the wages you are missing because you are injured.  Therefore, you should not be receiving any unemployment payments because then you would be theoretically getting paid two wages at … Read more

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Bankruptcy Basics

How is the Household Size Determined for the Means Test?

The basic purpose of the Means Test is to determine whether a Debtor is eligible to file Chapter 7 bankruptcy. Along with other supporting requirements, the Means Test plays a major role in Chapter 7 bankruptcy. The Means Test also tells us whether a Debtor would need to pay back some of their debts in a Chapter 13 bankruptcy if they do not “pass.” Simply put, the Means Test determines the Debtor’s monthly income by taking the Debtor’s household’s gross income and subtracting qualified deductions. By doing this, we can decide whether the Debtor would need to be looking into filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy.

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