Practical guidance on Chapter 7, Chapter 13, foreclosure defense, and debt relief for North Carolina families.
When you file bankruptcy, tax returns are a required part of the process. You will typically need to provide recent federal and state tax returns to your attorney for preparation of your bankruptcy schedules, and the trustee will often request copies at or before your 341 creditors meeting. If you cannot locate your NC state … Read more
Emotional distress caused by being robbed on the job is covered under the Workers Compensation Act in North Carolina. Under North Carolina law, mental as well as physical injuries sustained on the job are a compensable injury. The “injured worked” must provided evidence, usually medical evidence, he or she is unable to work due to … Read more
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
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
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
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
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
When you obtain a loan, in most cases the lender does not want to just give you the money, they want to make sure that you have some sort of incentive to make sure you make your payments. What better incentive is there than taking away your property if you do not pay? Therefore, creditors … Read more
One of the most frequent calls we get at our office is, “What does it mean when it says, “charge off”? Do I need to list this on my list of creditor’s?” The answer is always “yes”! As you are perfectly aware, once you owe a debt, the creditor will relentlessly try to collect the … Read more
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