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.
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
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
It's hubby's credit cards that are the problem. I'm not on any of the accounts, but will I have to sign on if he wants to do this? I'm not clear on the laws in North Carolina regarding spouses and bankruptcy or debt relief. Thank you for your time.
answered on May 24, 2023
You are not required to file a bankruptcy with your spouse. However, they will look at your income and the household expenses. As long as you are not a co-debtor on any of the debts that he will include in his bankruptcy then his filing of the bankruptcy should not have a negative impact on your... View More
Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this time.im not concerned with interest because i am debating on claiming bankruptcy in the... View More
answered on Mar 20, 2023
The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ... View More
I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More
answered on Feb 15, 2023
Did he file bankruptcy before the breach of the lease or after? I agree with the other attorney that you should consult your own attorney privately for advice before your court datethe specifics need to be reviewed and we can't do that for you here (don't just ask a general question here... View More
I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More
answered on Feb 15, 2023
When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.
For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession... View More
judgment. I have a smaller judgment that was placed against me by an individual creditor in September of 2011. This judgment was renewed in 2021 on its 10 year anniversary. This creditor has not attempted any collections until now. I received a Notice of Right to Have Exemptions Designated.... View More
answered on Feb 13, 2023
The Federal judgment does not "supersede". You need to resond to the Notice of Right and claim your exemptions on time. The State court judgment creditor can have the Sheriff take any non exempt assets with a writ of execution. The two judgments are independent of the other. There are... View More
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... View More
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... View More
Hubby has gotten in over his head with HIS credit cards. If he files BK or uses a credit relief plan am I liable for the debt also? I am NOT on the accounts in question. Thank you!
answered on May 23, 2023
No. You are not liable if you were never on the account. Solely his debt.
My husband has gotten in over his head with his credit cards. Honestly I don't see a way out for him unless he files bankruptcy or engages a debt relief program. I am not on any of the accounts and I'm afraid my credit is going to be effected too.
answered on May 22, 2023
If you are not on the accounts, your credit should not be affected.
I do not receive the pay anymore just while I was in school. I completed my degree last month.
answered on May 14, 2023
I'm not sure what your question is exactly, but VA disability pay does not count towards the "means test".Congress passed the "Haven Act" a few years ago. I hope this answered your question.
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
answered on Sep 19, 2022
I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.
Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your... View More
The debt is only in her name.
Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks
answered on Sep 15, 2022
North Carolina has long recognized the common law creation and enforcement of the tenancy by entirety concept. Here's a good UNC law review article tracing its history.... View More
answered on Sep 12, 2022
There is no specific exemption for a health savings account under Federal or State law. North Carolina residents must use the $5,000.00 "wild card" exemption to cover HSA balances - assuming that the "wild card" is available. If a debtor uses up their $35,000.00 residential... View More
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.
answered on Jun 20, 2022
This will have a negative effect on your credit. You can try to voluntarily surrender the car. OneMain is NOT required to take the car in satisfaction of the loan. They can refuse to come pick up the car or take the car. They also don't have to release the lien on the title if they refuse to... View More
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.
The vehicle is jointly owned with rights of survivorship.
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... View More
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