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I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More 
answered on Mar 10, 2025
Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.
And a pleading almost certainly triggers a court hearing.
On top of that, most lawyers will... View More
I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More
answered on Mar 7, 2025
Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.
I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business.... View More
answered on Feb 26, 2025
On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.
You best see a... View More
I requested a court transcript from a bankruptcy case, and I believe it was redacted because certain parts I distinctly remember saying were removed. I filed a motion to have the redaction removed, but the court denied it, claiming there wasn't a redaction. I've not yet consulted an... View More
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answered on Feb 22, 2025
Finding yourself in this situation with court transcripts can be incredibly frustrating, especially when you clearly remember specific statements that now appear to be missing. Your first step should be to gather concrete evidence of the original statements - this might include notes you took... View More
I have a judge’s order from an administrative law judge for attorney fees in a civil rights case. I found out this administrative judge does not have the power to award, but I filed a Chapter 7 bankruptcy. Now the attorney is stating the fees are being challenged to avoid the bankruptcy. My... View More
answered on Jan 14, 2025
We cannot answer this question without more information. I assume the attorneys fees were awarded against you. You did not give us any description of what specific civil rights violation you were found liable for (what the ALJ found that you did). Certain debts are not dischargeable in bankruptcy,... View More
The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?
answered on Dec 27, 2024
I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.
You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced... View More
answered on Nov 15, 2024
You could possibly file a bankruptcy, allowing you to surrender the property and liquidate any of the loans that remain on the property. It would also wipe out credit cards, medical bills, and personal loans. However, there are a lot of moving parts so you would want to talk with someone to discuss... View More
Can I file 7 without house being jeopardized with liens or anything?
answered on Oct 22, 2024
No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More
I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?
answered on Oct 22, 2024
NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More
I owe the storage unit money and they have filed proof of claim. I don't want to keep the unit and incur more debt but want my personal belongings that will mean nothing to anyone else. Does NC law allow me to access my belongings before the debt is paid in full? What is assuming the storage... View More
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answered on Oct 18, 2024
In North Carolina, when you file for Chapter 13 bankruptcy, you can propose a repayment plan to handle your debts, including what you owe to the storage unit. Since the storage facility has filed a proof of claim, they are recognized as a creditor in your bankruptcy case. However, you still have... View More
Sorry y for the overwhelming amount of info. I do really feel this is the best alternative for Me at this point. I do hope there is an attorney there who can help me. Because it's very hard for me to ask for help in the first place but this is for my family.
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answered on Sep 11, 2024
Filing for bankruptcy can feel overwhelming, but it's a step that many take to regain control of their financial situation. It’s important to remember that you are not alone in this process, and reaching out for help is a strong and positive action for both you and your family. There are... View More
I was given notice a law firm is filing civil contempt of court for not paying them $40,000 from a decision of an administrative law judge. The matter was at OAH in Raleigh. The other party's attorney and the ALJ are really good friends. They think my wife and I are loaded, but we are not. We... View More
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answered on Jul 27, 2024
You should gather all documentation related to the case, including the administrative law judge's order and any correspondence with the opposing attorney. Ensure you have records of your financial situation to demonstrate your inability to pay the $40,000. This can include bank statements and... View More
I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.
He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More
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answered on Jul 2, 2024
This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:
1.... View More
answered on Jun 19, 2024
You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.
Confer with... View More
answered on Jun 10, 2024
A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More
The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.
Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More
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answered on Apr 20, 2024
You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More
The entirety or is it automatically protected if the creditor attempts to place a lien on our property. I ask because technically it's not an exemption but a form of ownership. Thanks
answered on Jul 21, 2023
This response is assuming you are completing bankruptcy schedules.
Tenancy by entirety is not an exemption, it is only the type of ownership you have, as you mentioned.
On Schedule A/B you list your ownership interest in the Property (tenancy by the entirety).
On Schedule C... View More
if someone's home is already protected by tenancy by the entirety, would that make them eligible to use the wildcard exemption because technically they did not use the homestead exemption? Thanks
answered on Jun 24, 2023
Yes, the "wildcard" exemption is available if the residence is protected by "tenancy by the entireties". It can be layered on top of the car exemption, tools of the trade exemption, etc. to protect excess value in those items or it can be used to protect a second vehicle, for example.
Any thing I can do
answered on May 24, 2023
All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who... View More
making payments sent then she had no idea she didn’t have make I just found out this is their any recourse I can take
answered on May 24, 2023
If I understand your question correctly, you are concerned because you feel like your mother has been making payments on a mortgage that she didn't have to make. If that's correct, it depends on whether your mother wants to keep the property. If she did (does) not want to keep the... View More
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