Duncan Law Blog

Bankruptcy Insights & Resources

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

Bankruptcy Basics

Can I File Bankruptcy for Someone Else If I Have a Power of Attorney For Them?

Situations often arise where a potential bankruptcy client is hospitalized, out of town or out of the country, or otherwise unable to sign the necessary paperwork or appear at the necessary court dates for a bankruptcy filing. Often, these potential bankruptcy clients have a valid Power of Attorney document allowing a loved one to sign important papers on their behalf. The question is, can a loved one use a Power of Attorney to file a bankruptcy on behalf of another person?

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Bankruptcy Basics

How Often Can I File Bankruptcy?

How often you can file a bankruptcy depends on a few things: what type of bankruptcy you filed in the past, when you filed your previous bankruptcy, and were you discharged or dismissed from your previous bankruptcy.

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Bankruptcy Basics

What is the Difference Between Secured Debt and Unsecured Debt?

Knowing the difference between these two debts can be extremely useful in determining which type of bankruptcy will work best for you. In order to file a Chapter 7 bankruptcy, you must be current on all house and car payments in order to keep them. A Chapter 7 bankruptcy will wipe out any unsecured debt. A Chapter 13 bankruptcy, on the other hand, is what’s known as a repayment plan.

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