When You Might Not Need A Bankruptcy Attorney
If you have a simple Chapter 7, you will have a better chance of completing your case without a bankruptcy lawyer. The hallmarks of a simple Chapter 7 would include a:
- household income below your state’s median income level
- little or no property
- no recent property transfers or payments to preferred creditors , and
- your creditors aren’t likely to dispute a debt.
But keep in mind that even filing a simple Chapter 7 bankruptcy requires a fair amount of time and research on your part. If you want to complete your case, obtain a discharge, and not put any of your property at risk, you have to:
- accurately fill out several bankruptcy forms and schedules
- learn how bankruptcy laws work
- research your state’s exemptions, and
- follow all the rules and procedures necessary to complete the bankruptcy process.
What To Do After Chapter 7 Bankruptcy
Push the re-start button on your financial life.
Thats the first thing anyone should do after having debts discharged in Chapter 7 bankruptcy. Hopefully, that re-start button includes a plan for reduced spending and paying all bills on time.
The easiest way to do that is to draw up a budget that realistically accounts for your income and expenses.
If youre not good at that, call a nonprofit credit counseling agency and get some free assistance from their professional certified counselors. Helping consumers come up with an affordable monthly budget is their specialty.
They can give you the benefit of their training and experience at drawing up monthly budgets, plus tips on how to make the bottom line come out in your favor every month.
If you get in the habit of paying bills on time, you will begin to , and youll regain favor with lenders and credit card companies. A few years of good practice and you and your creditors will forget this ever happened.
File For Bankruptcy Protection As Soon As Possible
In North Carolina, creditors have a limited time to file a debt collection lawsuit against you. In most cases, the designated time is generally three years from the date of the last payment you made, per G.S. § 1-52. After the allotted time has passed, your creditors can still pursue payment using alternative debt collection methods.
They can no longer file a lawsuit against you for repayment or garnish your paycheck to recoup the money you owe, but they can still impact your credit score and other financial prospects. Our legal team can help you understand how the debt collection statute of limitations applies to your case and how filing for bankruptcy can pause or stop debt collection activities until you can determine the best strategy that can help you regain control of your finances.
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We Handle Bankruptcy Cases In Marion Nc We Can Help You
Enormous debt can lead to anxiety and frustration that make everyday life challenging and stressful. Our lawyer can help you eliminate or greatly reduce your current financial burden with bankruptcy protection. Starting anew can relieve you of many debts and give you a clean slate.
We are ready to help you learn more about how bankruptcy can help you manage your creditors and retain your personal property. You dont have to figure this out on your own. Let us help. Call Farmer & Morris Law, PLLC at to speak to a team member today.
When To File Chapter 7 Bankruptcy
There are several warning signs that you should be considering Chapter 7 bankruptcy. Five strong signs that indicate filing for Chapter 7 may be the right solution include:
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Advantages Of Chapter 13 Bankruptcy
Most people thinking about bankruptcy will choose Chapter 7 if they qualify for it, because Chapter 7 is usually over in just a few months and it totally wipes out most debts. But Chapter 13 may be right for people who are overwhelmed by secured debt because it offers ways to:
- restructure mortgage payments to save a home from foreclosure
- reduce the amount of some secured loans to match the value of the property , and
- reduce certain tax debts that cant otherwise be discharged in bankruptcy.
Do I Qualify For Bankruptcy
To qualify for Chapter 7 bankruptcy, you must show that either:
- your income is below North Carolinas median income for your family size, or
- your income and expenses, calculated together, leave you unable to pay your debts. This is determined under a complex formula called the bankruptcy means test.
If you don’t qualify for Chapter 7, you may still qualify to file under Chapter 13. To qualify for chapter 13, your debt must be under the limit set by the bankruptcy code and you must be current on your tax filings for the last four years.
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Bankruptcy Chapter 7 Cost
One of the first things people inquiring about Chapter 7 bankruptcy ask is how much will bankruptcy, chapter 7 cost? There are a couple of different fees that you will be responsible for:
- The court filing fee for Chapter 7 bankruptcy proceedings
- Your attorney fees
When your case is ready to be presented to the bankruptcy court in Greensboro NC, the court will require that a filing fee is submitted with the filing. The filing fee can range from $300 to $400, but there are options available for NOT having to pay the filing fees upfront.
You can make a request through your Greensboro bankruptcy attorney to make the filing fee payment in installments. The court can grant your request to make payments over 4 months, with a payment due each month.
For example, if your filing fee is $400, each month you would make a payment of $100. This can make the filing fees far more affordable. You can also apply, through your attorney, to have the fees waived. An experienced North Carolina chapter 7 bankruptcy attorney can help you decide what the best approach is for your particular bankruptcy case.
You will also have to pay attorney fees. Investing in the cost of an attorney for a Chapter 7 bankruptcy is strongly recommended. Chapter 7 can be a very complex filing to take on yourself. Paying an experienced attorney can save you thousands of dollars in the long run. With the right legal team on your side, you will get the best possible outcome for your bankruptcy case.
Ask Family Or Friends For Help
It’s hard to ask for help. You might feel uncomfortable telling your loved ones why you need the money. Many people find that when they ask for help, they have more resources than they ever thought.
Your attorney will need to know where the money came from because this must be disclosed in your bankruptcy paperwork. If its a loan, that person will need to be listed as a creditor. The loan will be discharged in the case, but that doesnt mean that you cant pay it back. If its a gift, it may have to be listed as income. Your attorney can advise you on this.
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Us Trustee Program Extends Telephonic Or Video Section 341 Meetings
The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the Presidents Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease Outbreak issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.
How To File For Divorce In Nc Without An Attorney
Check your states requirements for filing.Doing your own divorce is easy!Doing your own divorce is easy!Domestic civil action cover sheet
File a divorce complaint with the clerk of court in your county.First, draft the divorce complaint.How to file for divorce yourself in nc.However that method requires you to make multiple trips to the courthouse for things like filing out the forms, filing them, setting a hearing and attending the hearing.
However, talking with an experienced divorce attorney before you begin the divorce process may be in your best interest.If you and your spouse agree on the divorce, then you can file yourself without a lawyers help, saving you yet more time and money.If youve been served with divorce papers or a divorce complaint and youre concerned about whether your rights are protected or waived, contact us right away to schedule a consultation.In 1990, the rate was 5.1 for every 1,000.
In north carolina you can also obtain your own divorce.In order to file for divorce in north carolina, either you or your spouse must be a resident of north carolina for at least 6 months.It is important to note, however, that one of the spouses simply moving out of the house will not suffice.Its best to consult with an nc divorce lawyer.
You can get divorced in north carolina without hiring or even speaking to a lawyer.You can view an example packet here.You must also provide the following documents.You must also serve the complaint on your spouse.
Do You Qualify For Chapter 7 Bankruptcy
Not everyone is entitled to a Chapter 7 discharge. You’ll have to prove that either:
- your household gross income is below a certain amount, or
- you don’t have enough money to make reasonable creditor payments through a Chapter 13 repayment plan.
You can find out whether you qualify by taking and passing the Chapter 7 means test.
Filing Motions & Responding To Creditor Objections
$0 to $200
Depending on your circumstances these are two things you may or may not need to do.
Filing motions with the court. If creditors’ have placed claims on your property you may be able to have them removed by filing some extra paperwork.
Responding to objections. Your creditors or the bankruptcy trustee will have a certain number of days to object to statements on your forms. You may respond before the court has a hearing on the matter. Depending on the objection you may need to hire a lawyer to respond effectively.
Tip: If you are hiring an online service to prepare your bankruptcy papers, be sure to ask whether the standard fee includes filing motions for lien avoidance, or responding to the trustee’s or a creditor’s objection.
What Does A Landlord Have To Do To Begin An Eviction
To file an eviction action in North Carolina, the landlord must file a summary ejectment complaint with the court. The landlord can only do this after giving the tenant proper notice. The complaint has to be filed in the court where the property is located, and it must state the reasons for the eviction. Most eviction actions in North Carolina are filed in small claims court, but some are filed in North Carolina district courts.
Practical Tips For Tenants Facing Eviction In North Carolina
Often, you can stop an eviction through good communication with your landlord. If your landlord has started eviction proceedings, you may want to contact them directly and ask if you can work out an agreement so you donât have to go to court. For example, you could agree to move out by a certain date if the landlord stops the eviction proceeding. Since the mere filing of an eviction action can hurt your credit score and harm your ability to rent other properties, this might be the best option for you.
Make sure any agreement you come to is put in writing and signed by both you and your landlord. Remember to return the keys to the landlord when you move out.
If youâre being evicted, make sure to keep any records that can help your case. If youâre being evicted for damaging the rental property, keep documents, photos, videos, or other evidence of the propertyâs condition. You could also hire a municipal building inspector to submit a report detailing the property’s conditions.
Remember that if you donât show up at your eviction hearing, the court will likely enter a default judgment against you and the landlord will win the eviction case. If you absolutely canât attend the hearing, inform the court clerk. You can also ask to have the hearing rescheduled or continued. North Carolina only allows continuances up to five days.
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Moving Or Transferring Assets
When you file bankruptcy, you will have to list all of your assets, including cash and property. If you move any assets or transfer them into someone elses name, it may appear that you are hiding assets. You should only sell or transfer property if the proceeds will go towards living expenses or paying current debts.
Some examples of transfers of assets or property that can cause a problem include:
- Changing the name on a car title into someone elses name, even if that car belongs to your child or spouse
- Changing names on bank accounts
- Eliminating your name from bank accounts on which you are a joint account holder
- Moving large amounts of funds into accounts held by someone else
- Transferring names on real property deeds, even if money is paid for the transaction
Anything that you transfer prior to bankruptcy will be reviewed by the bankruptcy court. If you give away a large amount of money, that transaction will also be scrutinized. You should only sell property or do away with assets if it benefits your living expenses and can be clearly documented.
Bankruptcy Lawyers In North Carolina Can Help You
If you’re experiencing severe financial difficulties, bankruptcy can provide a path to debt relief and help you get a fresh start. Whether you are just starting to consider bankruptcy or have already filed, getting a bankruptcy lawyer involved can help you maximize the benefits afforded to you by the United States Bankruptcy Code. We’ve assembled a list of trusted local lawyers that you can use to find the right North Carolina bankruptcy attorney to help you stop wage garnishment, prevent creditor harassment, get debt relief, and protect your property.
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Find Out If You Qualify For Bankruptcy
To qualify for Chapter 7 bankruptcy, you must show that you dont have enough income to repay your creditors a reasonable amount. You can do this by:
- proving that your income is below the North Carolina median income for your household size, or
- comparing your income to expenses under a complex formula called the bankruptcy means test to show that you cant pay.
If your income is above the median income for your state and family size and the means test shows you have enough disposable income to make reasonable payments to your creditors, you may still qualify to file under Chapter 13. To qualify for chapter 13, your debt must be under the limit set by the bankruptcy code and you must be current on your tax filings for the last four years.
To take the means test, you can use our free means test calculator.
When Is It Feasible To File Without An Attorney
The general rule is the simpler your bankruptcy, the better your chances are to complete it and receive a bankruptcy dischargethe order erasing debton your own. Your case is likely simple enough to handle without an attorney if:
- you pass the first portion of the Chapter 7 means test
- you don’t own much property
- you don’t have any priority debts you can’t discharge, and
- creditors aren’t alleging fraud against you.
However, keep in mind that even the most straightforward Chapter 7 requires you to fill out extensive paperwork, gather financial documentation, research bankruptcy, and exemption laws, and follow the local rules and procedures. At the very least, if you want to file pro se, use a good self-help bankruptcy book like Nolo’s How to File for Chapter 7 Bankruptcy, by Attorney Cara O’Neill and Albin Renauer, J.D.
North Carolina Bankruptcy Lawyer Cost
Even though no one is ever happy to see Ã a bankruptcy lawyer, some folks feel more comfortable having a lawyer assist them. The cost of a bankruptcy lawyer typically depends on how complex your case is compared to other cases. For Chapter 7 bankruptcy in North Carolina, folks usually pay around $1,150, but most of them only do so after meeting with their lawyer for a free consultation first.
Attorney cost estimate: $1,100 Ã¢â¬â $1,200
Chapter 7 Costs Are An Investment In Your Financial Future
The bankruptcy, chapter 7 costs are an investment in your financial future. These one-time costs are an easy way to discharge debt and start with a clean slate. Our law firm specializes in Chapter 7 bankruptcy proceedings. We have the years of experience and expertise to get you the outcome that you are hoping for.
Is It theRight Solution for You?
As the bankruptcy attorney Greensboro NC residents turn to when they need help, we will provide you with the most up to date information that helps you to make an informed decision about your financial future. The right bankruptcy solution will be life-changing for you and your family.
You do not have to struggle with debt for years to come. Our Chapter 7 bankruptcy attorneys are here to help you navigate through this situation and help you to find the relief that you deserve.Contact us today to make an appointment to speak with one of our attorneys and learn more about your options.
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