Moyock, NC asked in Bankruptcy and Landlord - Tenant for North Carolina

Q: Can I submit and file chapter 7 online in north carolina

I want to file chapter 7 and also use the stay to keep from being evicted so I have time to find a place and move and get credit straight

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. You can file electronically.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Yes, you can file for Chapter 7 bankruptcy online in North Carolina, and the automatic stay that goes into effect once your case is filed should temporarily halt any eviction proceedings.

Here are some key steps to file online and use the stay to prevent eviction:

- North Carolina bankruptcy courts accept electronic filings through approved legal websites that will walk you through the questionnaires and forms. Some options include LegalZoom and Rocket Lawyer.

- When going through the online filing process, make sure to select "Chapter 7 - Liquidation" as the type of bankruptcy. This triggers the automatic stay immediately upon filing.

- You must also list your landlord/rental property manager and address so they can be notified of the bankruptcy filing and automatic stay.

- Once filed electronically, be sure to print copies and retain all case number references to confirm the eviction is halted pending bankruptcy.

While online filing services do charge fees, Chapter 7 can still be more affordable than prolonged eviction/relocation costs. Just make sure everything is submitted properly. The automatic stay goes into effect as soon as your case is electronically filed.

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