Damon Duncan

Can I File Bankruptcy Even If I Have A Job?

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Of course!  The court does not expect everyone who files bankruptcy to be down, out, and unemployed.  That’s just not how life works; our clients are good hard working people who have simply fallen on hard times. You may have a job and file a bankruptcy and in most cases unless you have signed something stating that the employer must be notified if you file a bankruptcy, your employer wouldn’t have a clue you even filed.

Male on White BackgroundIn your petition you are required to report your income in several different areas.  You will have to show your earnings for the past two years, where you work now and what your expected income going forward as well as what you have earned in the past 6 months prior to filing the bankruptcy. In bankruptcy, your income is calculated based upon a “Means Test”; although there are many other types of income besides employment that are also a factor in the means test.  This tells the court whether or not you qualify for a Chapter 7 bankruptcy or if you will need to file a Chapter 13 bankruptcy based upon your income.

In the event that you file a Chapter 13 bankruptcy your debts are a factor, but your plan payments will be based also largely upon your past 6 months of income.  For example, let’s say that based upon your arrears and debt in the plan, you’re looking at plan payments of $500 per month, BUT based upon your prior 6 months, your income shows that you have an extra $1,000 left over each month.  You would make a payment closer to the $1,000 mark because your prior income states that you can afford it.

Also, in the occurrence that you file a bankruptcy and you have any secured items in which you may wish to keep (such as a house, car, jewelry, furniture, or electronics) you must be able to show that you can afford to make the contractual monthly payments.  The court will not allow you to file a Chapter 7 bankruptcy unemployed and still keep your home unless you can show you are getting income from another source (like family support) to show you can afford the monthly payment.  Bankruptcy court has been enacted to help consumers. Whether you have a job or not does have an impact on your bankruptcy options but you can certainly still file a bankruptcy even if you do not have a job.

What Is A Form 25C In A North Carolina Workers’ Compensation Case?

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A Form 25C in Workers’ Compensation is an Authorization for Rehabilitation Professional to Obtain Medical Records of Current Treatment.  When you have been injured on a job and you have started your Workers’ Compensation case, you will be assigned to a physician picked by the insurance company representing the company in which you work(ed) for.  … Read more

What Is A Form 23 in North Carolina Workers' Compensation?

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North Carolina Industrial Commission Form 23 is the Application to Reinstate Payment of Disability Compensation. The NCIC requires this form to be used when payment from the employer to the employee in a workers’ compensation case has stopped, and the employee wants to reestablish a payment schedule with their employer. The form has two sections; … Read more

What Is A Form 28 In North Carolina Workers’ Compensation?

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A Form 28 in a workers’ compensation case is a Return to Work Form.  This form is usually completed by your employer or their workers’ compensation insurance company and states that under the Workers’ Compensation Act, an employee can return to work.  What it means is that you as the employee have reached your maximum level of … Read more

What is Form 26 in a NC Workers’ Compensation Case?

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[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”] [av_heading heading=’What is Form 26 in a NC Workers’ Compensation Case?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading] [/av_section][av_textblock size=” font_color=” color=”] A Form 26, according to the North Carolina Industrial Commission, … Read more

Is It Common For a Loan Modification To Be Delayed?

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When you are having trouble making your house payments, there are options that might work well for you. One of these options is a loan modification. This is when the bank changes your loan so that you have a lower, more affordable monthly payment. Many people who try to obtain a loan modification have been facing delays of all types.

Girl on White BackgroundWhen trying to get a loan modification, there is a lot of paperwork that the lender will need to determine whether you will qualify. Once the documents are submitted to the lender, some people will then get notification from the bank that either they are missing paperwork or that additional paperwork is needed. Another thing that seems to be common lately in the process is the lender telling the homeowner that they have missed a deadline. If that happens, they may even go back to the beginning of the process and start everything over. Typically, that means the homeowner has new deadlines, and has to submit all or some the paperwork over again.

It seems common lately for banks to say that they will not even consider a loan modification if you are current on the payments. They encourage people to stop making the payments so that they will have a better chance of getting a loan modification. Then, after the homeowner is several months behind in payments, the bank denies them the modification and the foreclosure process begins.

Typically, after applying for a loan modification, the lender will put the homeowner on a trial period for a few months at the lower payment amount. Make sure you keep all information pertaining to these payments. It has not been uncommon lately for the lender to either say they did not receive the payment on time or at all, or they do not credit the payment to your account correctly.

So if you are looking into the possibility of modifying your loan, be sure you are prepared for the possibility of long delays and a lot of paperwork. There could be more than one person handling your account, so make sure you write down and keep track of the entire process, including who you talk to, what papers you receive in the mail, what payments you send in, etc. Also, be sure you are persistent and follow up with the bank so you don’t slip through the cracks.

Will the Insurance Company Provide me with Transportation in a Worker’s Comp Claim?

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[youtube]https://www.youtube.com/watch?v=e6uxiAJyDzU&feature=youtu.be[/youtube] Yes, the insurance company can provide you with transportation to receive medical care that is approved by the insurance company or the North Carolina Industrial Commission. Usually you must provide your own transportation, but the insurance company will reimburse you the expenses.  However, if your injury makes it difficult to drive to and from … Read more

Why You Shouldn’t Turn Your Car in Before Filing Bankruptcy

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The saying, “the early bird gets the worm” is not always the best advice to take.  For example, if you have already consulted with your bankruptcy attorney and decided that once you file your bankruptcy you will be surrendering your vehicle, giving it up voluntarily before the bankruptcy is filed is not the best decision.  You should wait until you actually file the bankruptcy then give up the vehicle at that time.

Welcome to North CarolinaWhy should you wait?  Simple answer: to help protect your credit from being more affected than it should.  Filing a bankruptcy obviously gives you a major “ding” on your credit, but if you were to turn in your vehicle, the finance company reports that voluntary repossession as a repossession in general and does not specify the type of repossession; there is no way to distinguish on your credit that the finance company did not take the vehicle, but you instead gave it back.  So after filing bankruptcy when you are trying to get your credit back in shape, your credit report will show two “dings”, it will reflect as having a repossession, then a bankruptcy filing. Also, by just giving up the vehicle voluntarily you leave yourself vulnerable for being responsible for the deficiency balance on the vehicle.

If you wait until you actually file the bankruptcy petition then contact the finance company and surrender the vehicle everything goes through the bankruptcy filing.  Therefore your credit is only affected once instead of twice.  Not to mention in some cases the finance company will not even collect the vehicle until they have an Order on Relief from Stay (meaning they have the courts’ permission to actually pick up the vehicle). If you are behind on a vehicle and you are considering giving it back to the finance company, it is strongly suggested that you consult with your bankruptcy attorney as to what is the best course of action for you.
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What Is A Form 22 In A North Carolina Worker’s Compensation Case?

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North Carolina Industrial Commission Form 22 is the Statement of Days Worked and Earnings of Injured Employee. This form contains a table wherein the hours worked and wages earned over the 52 weeks prior to the employee’s injury are recorded. If the employee has worked for fewer than 52 weeks prior to the accident, then you must record the hours worked and wages earned for every week that the employee has worked. If extra allowances such as free rent, lodging or board were paid along with any other wages earned, that value must be included as well.

Family with Young ChildNorth Carolina Industrial Commission Form 22 must be completed by the employer, as required by the provisions of the Worker’s Compensation Act, in any case resulting in the death of an employee. This form must also be completed in any case where the wages of the injured employee are disputed.  Any employer attempting to falsify this form in order to deny worker’s compensation benefits may face criminal or civil penalties.Practically speaking, an injured worker may request a Form 22 from the employer/insurance company to help determine what the average weekly wage is. An employee who was injured and believes the insurance company is not correctly compensating them can request the Form 22 to help accurately determine the average weekly wage. If you believe you are not being properly compensated then it is also probably a good idea to talk with an experienced workers’ compensation attorney.
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