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North Carolina Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Can a Trustee make you have your home appraised if you are filing bankruptcy but not including your home?

And can they (the Trustee) also have your home appraised?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.

A debtor's opinion of its value is generally admissible as proof of value, to be...
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1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
Ben Corcoran answered on Mar 30, 2022

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

2 Answers | Asked in Bankruptcy, Real Estate Law, Probate and Small Claims for North Carolina on
Q: I executed a new deed adding my wife to the house. 7 months later I'm getting sued by a creditor. Was this fraudelent?

We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 15, 2022

Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: Can I claim federal exemptions in chapter 7 bankruptcy?

I have lived in Charlotte NC for 22 months and plan to file in western district of North Caroline. Prior to Charlotte I lived in Vermont for 40 years. Vermont doesn't allow non-residents to use their bankruptcy exemptions.

Mike T. Ramsey
Mike T. Ramsey answered on Jan 6, 2022

I would recommend getting an attorney to help you with your bankruptcy. There are many good lawyers in North Carolina. To answer your questions, though, Vermont exemptions would be applicable under 11 USC 522. My research shows that Vermont does allow nonresidents to use their exemptions but it... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can I claim federal exemptions for upcoming chapter 7 bankruptcy filing?

I have lived in Charlotte NC for 22 months and plan to file in western district of North Caroline. Prior to Charlotte I lived in Vermont for 40 years. Vermont doesn't allow non-residents to use their bankruptcy exemptions.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 20, 2021

The Bankruptcy Code provides that you are eligible to file in the federal district in which you have resided, or where your principal assets are located, for six months prior to filing.

It appears that No. Carolina requires a debtor to use its state-prescribed exemptions. You can google...
Read more »

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2 Answers | Asked in Bankruptcy and Child Support for North Carolina on
Q: What can I ask

I Don't know what I can say

Stuart Nachbar
Stuart Nachbar answered on Nov 17, 2021

If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: How do I find the final result of my claim? I have the case number.

This is in reference to Daewoo motor america bankruptcy case from 2003 I have a claim in the case. I just want to know if there is a monetary decision to my claim.

Cristina M. Lipan
Cristina M. Lipan answered on Mar 23, 2021

Looks like this was case number 2:02-bk-24411-BB (aka 02-24411) filed in the Central District of California 5/16/02. A plan was confirmed 10/8/03 and the case was closed 5/23/14, which means any payments for claims were already paid a long time ago. The deadline for filing claims was 11/18/02. If... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Filled for a conversion from chap 13 to chap 7 and now I’m wondering if the 2021 stimulus will be taken by the trustee?

Lawyer saved our tax return and said even if they did try to take the money he could possibly save some of the money, my children need clothes and I have a third child on the way this money could help pay for a better car and diapers

Timothy Denison
Timothy Denison answered on Mar 20, 2021

Most trustees are not going after stimulus money.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Filed bankruptcy to put a stay on my ED case to protect myself. Does the stay apply to everything in the order?

Nasty, dirty, crooked case. Advised to file bankruptcy to protect what little assets I do have left. Opposing attorney put some very unnecessary things in the paperwork. Does the stay on that case apply to everything listed in the court order to include the things that don't apply to ED... Read more »

Timothy Denison
Timothy Denison answered on Jan 26, 2021

The stay applies to everything unless exempted under statute it relief from stay is granted by the court.

2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I brought a tanning bed from online.i only gave 2000 for it.my payments was 80 a month.i got the bed in 2018.i made the

Covid hit.i lost my job and ended up having surgery too and couldnt work.the last couple of months i been paying 25 a month on it but they have hit me with late fees and i only gave 2000 or so for bed.now i owe 6000 thousand for a tanning bed.if i cant pay on it anymore due to being layed off from... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 25, 2021

Ms. cameron is correct. I would just add that they can't garnish your wages with a North Carolina judgment. If you bought the bed in NC its likely if you were sued, they would sue you in NC. If you bought the bed in TN or VA, wage garnishment is allowed if they sue you there and get a judgment... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for North Carolina on
Q: Will a Notorised Affidavit of Withdrawal of Consent and Rescission of Signatures filed void "criminal court" orders ?

I do not consent to being the Nomde Guerre, dead entity or corporate fiction (ens-legis), named in "ALL CAPS" created by legislature, as I am flesh and blood created by God all mighty and live on the land. As all crimes are commercial in nature ,held in bankruptcy court of equity, in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2020

No. Listening and following conspiracy theories will not help you avoid criminal charges.

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1 Answer | Asked in Bankruptcy and Employment Discrimination for North Carolina on
Q: Employment/Retaliation Lawsuit

I was let go from my job in 8/2019 due to retaliation. In 11/2019 I filed a complaint with the EEOC but it was dismissed due to it being out of their scope, the company was too small. Long story short the company I worked for had filed Chapter 11 bankruptcy which is still in process. Prior to being... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 14, 2020

The best thing you can do at this time is to consult a bankruptcy lawyer that has no relationship to the pending matter.

This is too convoluted and involved to address in a Q&A column like this.

Good luck

d

3 Answers | Asked in Bankruptcy for North Carolina on
Q: Filed Chapter 13 in Feb 2017. Dismissed in May 2017. Never went through the whole process. Can this be removed early?

Filed chapter 13 for my house. Another bank gave me a loan to pay what was behind on my house so I ended the bankruptcy without finishing the process or really starting it for that matter. Can I get this removed off my credit report? Filed in NC.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 29, 2020

No. The fact that you filed a Chapter 13 and it was dismissed is a public record. This is an accurate credit report and you cannot get that deleted. Fortunately, the fact you filed bankruptcy will have less effect upon your credit score as the years pass by, and your positive credit history will... Read more »

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