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Category: Bankruptcy Basics

Bankruptcy Basics

Can Bankruptcy Stop A Foreclosure?

If you have gotten a foreclosure notice in the mail, you may feel sick to your stomach. You might be losing sleep. You may be wondering if there is any way to stop the bank from taking your home. Take a breath. You have options, and many people in North Carolina are in the same … 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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Bankruptcy Basics

Are Non-ERISA 403(b) Plans Protected in Bankruptcy?

Generally, 403(b) retirement plans are available to employees of educational institutions and certain non-profit organizations as determined by section 501(c)(3) of the Internal Revenue Code.  The most common participants of the plan include teachers, school administrators, school personnel, nurses, doctors, professors, researchers, librarians, and ministers. When it comes to protection of retirement accounts, one of … Read more

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