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North Carolina Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for North Carolina on
Q: Do I have recourse? I took a job only to find out on my first day that the company filed Chapter 11 a few days prior.

I interviewed three times for this job and made clear that transparency was my biggest factor due to bad experiences. I researched the company and found nothing and then accepted the job. I left another job for this one. On my first day I find out they had filed bankruptcy Chapter 11 a few days... View More

Timothy Denison
Timothy Denison
answered on Oct 11, 2018

It is unfortunate and they should have notified you but they are not legally obligated to do so.

1 Answer | Asked in Bankruptcy and Employment Law for North Carolina on
Q: My new employer filed Chapter 11 bankruptcy during the time of me excepting the job and my start date.

When I interviewed for this job over three months I was extremely adamant that one of the most important thing for me was trans parent see because I have just gone through one hell of or to your run in terms of personal issues and losing work to no fault of my own. I interviewed three times and... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: how can I get legal aide if my county doesn't offer it?
Timothy Denison
Timothy Denison
answered on Sep 28, 2018

Legal Aid often combines several counties in providing legal services. Contact the Legal Aid nearest you and ask for assistance.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can creditors garnish my bank account, I’m on social security disability?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Short answer: No, a creditor cannot garnish Social Security disability benefits. That being said, there are a few exceptions.

They are: The federal government can garnish your Social Security disability benefit to recover money owed, such as back taxes or defaulted student loan...
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1 Answer | Asked in Bankruptcy and Business Formation for North Carolina on
Q: When filing for bankruptcy on an LLC. If the owners were given a salary. Will they be required to pay it back.

No personal guarantee was signed.

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Not likely, no.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: How can I pay a car deficiency and credit cards at the same time?

The deficiency was turned over to a law firm to collect. They have not filed suit yet. If I make arrangements to pay the deficiency, I have little money left for my other creditors. What should I do?

Timothy Denison
Timothy Denison
answered on Jul 22, 2018

If you’re filing bankruptcy, you shouldn’t br paying an debt except what you intend to keep.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I am also on disability and in debt. I got a loan with a lien on my truck that's paid for. Would I be able to keep it ?

My truck is a 2003 model. It has way over 100,000 miles on it. It's all I have for transportation as I live way out in the country. The loaners have the title to it. The loan was not for the truck itself. I already owned it. The loan money was for repairs to the house that's falling apart... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2018

You may be able to avoid the loan on your truck and keep it. Contact a local experienced bankruptcy attorney to help you with this.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: while in a bankruptcy 13 we were involved in a car accident does lawyer need permission from bankruptcy to charge fee?

Its an active chapter 13! Hired separate lawyer to handle this and my question is do they have to get permission from the court to charge us a fee?? Thanks so much

Timothy Denison
Timothy Denison
answered on Jun 7, 2018

No, because it is a post petition asset.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I am on disability & have gotten in debt (about $17,000) with 2 loans & 2 credit cards. I have no idea what to do.

One loan has a lien on my car. I've been rebuilding my credit, but now its falling apart. What can I do that will be easiest for me to bounce back from? I'm just scared & totally lost.

Timothy Denison
Timothy Denison
answered on May 31, 2018

You can file a chapter 7 bankruptcy and eliminate your debt. If you want to Keep the car and can pay for it, you can reaffirm that debt. If you cannot pay for it on your income, simply return itvand walk away free.

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (

Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2018

You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.

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1 Answer | Asked in Bankruptcy, Civil Rights and Collections for North Carolina on
Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?

This wage garnishment occurred 10.14 - 01.15. My spouse attempted filing for a hearing, but the Dept. of the Treasury repeatedly denied receipt of the request. We had been homeless / jobless 11.12 - 12.13. We rented a house. This wage garnishment forced us to live off food stamps alone. Our... View More

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Good Evening, I wanted to ask a question concerning my student loans.

I owe over 180,000 in student loans and I can't find a higher paying job. Would the undue hardship would be a good case for me?

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 28, 2018

The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your student loan debt through bankruptcy .

1 - Based upon your current income and expenses, you cannot...
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1 Answer | Asked in Bankruptcy and Contracts for North Carolina on
Q: Is a spousal guarantee on a loan enforceable if the spouse never benefited from the loan?

Wife signed a 100K loan as a spousal guarantee. Husband later filed bankruptcy, wife did not. Complaint filed against spouse (wife) for repayment of the $100K. The $100K went to a company in the husbands name where the wife has no owner interest, is not an officer nor employee. Can this be... View More

Paige Kurtz
Paige Kurtz
answered on Mar 7, 2018

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.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: My debt to income ratio is out of control student loans and medical bills should I file for bankruptcy

I'm 28 my credit score has tanked $55000 in student loans and 3000 in medical bills and other chargeoffs for credit cards. My current annual salary is $36,000. If I file for bankruptcy what chapter would you recommend??

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 25, 2018

You would file a chapter 7 to discharge your debts. However, the student loans are probably not dischargeable, so you need to decide if filing bankruptcy for the $3000 medical bills plus whatever credit card debt you have it is worth it for you.

Information provided for informational...
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1 Answer | Asked in Bankruptcy, Consumer Law, Divorce and Real Estate Law for North Carolina on
Q: Can I remove my name from the deed of a home that I own with my spouse in NC?

My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so... View More

Amanda Bowden Johnson
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answered on Jan 22, 2018

You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Chapter 7 me and husband have 2 Vehicles both financed zero equity in each can we file both in our local NC papers

Nc, chapter 7, both vehicles are financed and we have 0 equity in each

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 16, 2018

If there's no equity then the chapter 7 trustee can't sell the vehicles, so you'll be able to keep them. Keep in mind there's a very remote chance the bank may repossess the vehicles. However, as long as you'e current on payments, 95% of the time, they will not.... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I loaned my ex, $27,000 over about a year. Now he has filed bankruptcy, chapter 7. Do I have any options

He paid me back $2500. Greensboro, NC

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 16, 2018

If there are any assets, you can file a claim in the bankruptcy case. Otherwise, you probably won't get any of that money back unless you have a reason to object to discharge. If you want to do that, check the deadlines and whether any reasons for objection to discharge apply to your... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: How can I find out if a discharged bankruptcy should have paid my sisters home loan off when she died June 2016.
Cristina M. Lipan
Cristina M. Lipan
answered on Dec 28, 2017

The secured portion of a mortgage doesn't get discharged in bankruptcy, only the unsecured portion (the secured portion is whatever the value of the home is, unsecured is whatever balance is left after applying the value of the home). You can review the bankruptcy docket to find out what... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: How much does ot cost to file bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Dec 4, 2017

The filing fee is $335 for Chapter 7 cases. This is paid to the clerk of the court. Chapter 7 attorney fees vary throughout the country with an average usually being between $800 to $1200 for a simple case. Call a bankruptcy lawyer near you and they will be able to review your situation and see if... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Any way to collect on a chapter 7 from several years ago?

Amount was about $23,000. Was told at the time that nothing could be done but she has remarried and seems to be living the good life now while still being mean and keeping our granddaughter from us and her dad. Has a sleazy Florida lawyer.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 16, 2017

If she got a discharge and you did not get an Order of Non-Dischargeability, then the debt is gone and you can not collect on same even if she won the lottery and was a billionaire.

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