Duncan Law Blog

Bankruptcy Insights & Resources

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

Credit & Debt

What Is A Summary Judgment?

If a creditor were to sue you for a debt owed, eventually they may try to obtain a judgment against you. There are two main ways we see clients usually end up getting judgments against them. The first way is by a default judgment. This basically means you never answered the complaint and, therefore, the … Read more

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Financial Tips

How Do I Get A Copy of My North Carolina Tax Returns?

http://www.youtube.com/watch?v=L4tooKW_gRM There are many times when you may need a copy of your North Carolina state income tax returns. If you are in legal proceedings such as a divorce or bankruptcy, the court may require a copy or copies of your tax returns.  If you are applying for a mortgage loan, the underwriter will require … Read more

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Bankruptcy Basics

What Is Abandonment In Bankruptcy?

Property that is surrendered or was not protected under the bankruptcy code exemptions is fair game for the bankruptcy Trustee.  Once a debtor has filed bankruptcy, his estate becomes that of the bankruptcy court and the bankruptcy Trustee. At that time, the Trustee determines if there is any value or potential value in any of … Read more

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Bankruptcy Basics

What Does “Bad Faith” Mean in Bankruptcy?

As it sounds, this is not a term you care to associate yourself with if you can help it.  Bad faith refers to certain actions and circumstances that cover fraudulent bankruptcy filings.  In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was legislated to define and outline situations associated with bad faith bankruptcy filing. … Read more

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Bankruptcy Basics

What Is Discovery In A Lawsuit?

A lawsuit is crafted of several different stages.  In the civil proceedings there are certain litigation paths that must be taken depending on the route of the case.  Discovery is in the pre-trail phase of a lawsuit and acts as the parties’ opportunity to gather information. Upon the commencement of a civil action by filing … Read more

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Bankruptcy Basics

What are Requests for Admissions?

http://www.youtube.com/watch?v=8XWkQTbjLJ4 Requests for admissions occur during the discovery process within a lawsuit.  When you are sued you are given a “complaint” which tells the court what the person(s)/company did legally wrong. Example: Sunny Side Up Nursing Home did not provide proper care to John Doe as required by the NC state guidelines for standard care. … Read more

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Workers' Compensation

Is Post Traumatic Stress Disorder (PTSD) Covered by Workers’ Compensation?

Yes! Post traumatic stress disorder (PTSD) is considered an occupational disease which is covered under the North Carolina Workers’ Compensation Act.The North Carolina Supreme Court has required three elements in order to prove that a injury is an “occupational disease” including PTSD.  They are as follows: (1)  The disease must be characteristic of and peculiar … Read more

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