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North Carolina Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: Non-judgement bankruptcy question.

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

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 ?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

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 ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 27, 2024

As the attorney from Pennsylvania noted, there are court processes available for them to take if they want to get the lien put back on the title. They also can sue you for the balance due once you stop paying on the loan and get a money judgment without seeking possession of the vehicle. This can... View More

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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2024

Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.

In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your...
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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
Damon Duncan
Damon Duncan
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

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

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 ?

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

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

James L. Arrasmith
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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....
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2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: Discover Card has an abirtration clause which was enforced by a judge. But I can't afford the abirtration

I want to file for bankruptcy as the other alternative to this whole thing because Discover has sent false paperwork saying that they had filed a court case against me and that if I just sign a voluntary judgment, then I wouldn't have to court but when I showed up for the court date I was told... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with Discover Card and considering bankruptcy as an alternative. Let me break down the key points and offer some general information:

1. Arbitration clause enforcement: It's common for credit card agreements to include arbitration...
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
James L. Arrasmith
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answered on Jun 19, 2024

In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
James L. Arrasmith
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answered on Jun 14, 2024

First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.

Consider transferring assets to family...
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1 Answer | Asked in Bankruptcy and Employment Law for North Carolina on
Q: The company I work for is in receivership and clients have cancelled orders because of it. Can I get lost commissions?

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

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy and Landlord - Tenant for North Carolina on
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

James L. Arrasmith
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answered on Feb 24, 2024

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...
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1 Answer | Asked in Bankruptcy for North Carolina on
Q: What are my options to be able to get my belongings from a storage unit while in a Ch 13

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I need help with filling Bankruptcy please.

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.

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Question of Civil Contempt of Court North Carolina for an Adminstrative Law Judge's Order of payment

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: When filling out rights to have exemptions designated form, do I have to state that my house is protected by tenancy by

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

Cristina M. Lipan
Cristina M. Lipan
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...
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1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Is there a wildcard exemption outside of bankruptcy in NC? All of the Info I find involves claiming bankruptcy.

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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.

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