Once a person files bankruptcy, there is automatic stay on all actions against the debtor. Your debt is more than likely covered by the bankruptcy, but an attorney would need to review your documents and the bankruptcy filings for confirmation of the status.

It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to... View More

You will need to seek relief in the bankruptcy court. Once the bankruptcy is filed, there is an automatice stay on all actions against the debtor.

If you sign a contract, there is no obligation for the creditor to remove you because of a split with your business partner. If you had a contract as a part of your split that the partner would take responsibility for this debt then you may have claims against the partner. In terms of the debt, I... View More

You will need to make that agreement with the creditor. Typically, when a creditor accepts payments it is in lieu of collecting on the judgment. You should confirm any agreement that you make with the creditor is writing and it should include a statement that as long as you are in compliance with... View More

There is not really a way to stop this process once it starts. If you intend on claiming your exemptions, go ahead and do so, otherwise, you will waive them. Then you can proceed with the payments.

Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... View More

Basically, any asset that you have may be seized to satisfy the judgment. If you have the opportunity to claim exemptions, you should do so. If you need assistance, you can make a request to the clerk for a hearing in which assistance will be provided, but you must do so within the 20 day time... View More

Any damages that the builder suffers as a result of your breach of the contract could be recoverable. It also depends on the language of your contract with the builder. I would suggest consultation with an attorney before backing out of this contract.

Guarantors can be anyone, they don't necessarily have to be related to the purpose for the which the funds are used. The consideration for the transfer is the giving of the loan itself. Because of the guaranty (additional security for the creditor), the creditor made the loan.

It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.

Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

You can always attached another list with specific personal items if there is not sufficient room on the form. It can also be described as "household furnishings" "clothing" or the like. Once your Motion to Claim Exempt Property is filed, the clerk will enter and Order on your... View More

There is no formal form known as an execution questionnaire, so I am not sure I can answer this question. If you have already filed your Motion to Claim Exempt Property and that was served on the creditor, the clerk will then issue an Order on your exemptions. If this comes from the sheriff, you... View More

If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

Foreign judgments, if filed and served properly, become judgments in North Carolina just like domestic judgments with a ten year statute of limitations. Before the end of the first 10 years, it can be "renewed" for an additional ten years, but that does not renew a lien on real property.... View More

All contracts for the sale of real property must be in writing in North Carolina.

Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the... View More

The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... View More