Duncan Law Blog

Bankruptcy Insights & Resources

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

Chapter 13 Bankruptcy

What is a Cramdown in Bankruptcy?

A cramdown in bankruptcy is when the debtor only pays the value of the item they have financed.  In reality, it is a court approved way to get out of some of your contractual obligations.  The court replaces the value that you are contracted to pay on a certain item with an approved current value … Read more

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Bankruptcy Basics

Can I Keep My Car Lease if I File Bankruptcy?

When filing bankruptcy you have the option to continue to pay for your car lease payment or you can opt out of your car lease payment.  In a bankruptcy you can legally be released from many of your contractual obligations, this includes things like cell phone contracts, apartment leases, and even a car lease.  In a … Read more

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Bankruptcy Basics

Do I Need an Attorney to File Bankruptcy?

Are you thinking about filing bankruptcy on your own? You may be asking if you really need a lawyer to do it. Maybe money is tight, and hiring an attorney feels like one more bill you cannot afford right now. That worry makes sense. Below, we will explain the rules in plain English. You will … Read more

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Bankruptcy Basics

What Happens to My Bank Accounts in Bankruptcy?

Typically speaking, your money in your bank accounts will be safe if you decide to file bankruptcy. However, there are a few important things to consider. By hiring a lawyer to prepare your petition for bankruptcy, it is our job to protect your assets.  Bank accounts are one of our top priorities since it is … Read more

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Bankruptcy Basics

Can I Keep Multiple Vehicles in a Bankruptcy?

Yes, most of the time.  The federal bankruptcy laws allow you to protect certain property by using state exemptions to protect the automobiles.  However, you can only protect up to a certain amount of equity in a vehicle.  For example, North Carolina allows you up to $3500 in a motor vehicle exemption to protect one … Read more

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