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North Carolina Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for North Carolina on
Q: Do I get my money back after failing to successfully complete chapter 13 bankruptcy?

1. Paid all lawyers fees 1st year

2. All creditors came back for the full amount, claiming to have never received any payment

3. Lawyer won't give me any further information

4. All payments were good except the last 5 payments

William F. Godbold IV
William F. Godbold IV answered on Mar 20, 2020

If your proposed Chapter 13 plan was confirmed, any money you paid in would be paid out to creditors according to the terms of the plan and you would not receive it back.

Depending on the terms of the plan, your payments may have gone to pay your attorney fees first. Then when your case...
Read more »

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Can my car be legally repossessed if it was being paid in bankruptcy?

I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?

Timothy Denison
Timothy Denison answered on Mar 10, 2020

If the bankruptcy was dismissed, they can repossess the car.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can I get a refund of money that was kept in the trustee office after my chapter 13 bankruptcy was dismissed?

Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?

Clark Dray
Clark Dray answered on Mar 10, 2020

If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for North Carolina on
Q: Is an investor/trustee suppose to be listed anywhere on the original NOTE or DEED of a trust?

A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »

Timothy Denison
Timothy Denison answered on Feb 29, 2020

You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: can you file bankruptcy In Greensboro nc if you live in Charlotte NC
Timothy Denison
Timothy Denison answered on Feb 29, 2020

No. Greensboro, NC is in the middle district of NC while Charlotte is in the Western District of NC. You will have to file in the Western District.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: would chapter 7 be my best option for filing? Would my truck get taken away? Would this affect my bank accounts?

I have 14000 in credit card debt and 5000 in collection debt mostly medical bills. My truck is paid off and I don't own a house. I make about 25000 a year. I can't afford the monthly payments on the credit cards and still be able to live. I don't know what my options are.

Timothy Denison
Timothy Denison answered on Feb 10, 2020

Depends on what your truck is worth and what the debt on it is. Consult a competent bankruptcy attorney and let him flush out the facts to determine your best action.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I have no money, but my license has been suspended due to an unpaid judgement. Should I file chapter 7 bankruptcy?

I was sued by Allstate and did not get a chance to go to the court date since I moved to another state and heard about it late. I found out that it was a default judgement and I was required to pay 24k. Since then my license has been suspended and I can only get it back if I start a payment plan. I... Read more »

Timothy Denison
Timothy Denison answered on Feb 5, 2020

You should hire another bankruptcy attorney and file again. Not going to court for any reason is a bad plan bc the end result is always the same. You lose. Refill it, make the 341 meeting and get the default discharged.

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: we live in nc. we owe a credit card that we can't pay. we live on social security. can they levy our checking account

my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have always... Read more »

Timothy Denison
Timothy Denison answered on Feb 3, 2020

They can levy it but if you show the proceeds are all social security, they will have to refund it.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: In ch 13 bankruptcy, land is gifted to me in order to use it for collateral on a home loan, what does that mean for me?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: if an appeal is filed to a federal bankruptcy sale by the US Attorney, will that delay or negate the sale?

Case No. 19-01697-5-JNC

Timothy Denison
Timothy Denison answered on Dec 30, 2019

It could delay it but it will not negate it.

1 Answer | Asked in Banking and Bankruptcy for North Carolina on
Q: My wife recently filed for bankruptcy soley without my knowledge to rid her responsibility to our debts. what do i do

She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I will be filing next year bankruptcy and I was wondering if I should move money in the bank to an IRA since IRA's are

exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.

Timothy Denison
Timothy Denison answered on Aug 20, 2019

No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Hello I did speak with an attorney and was told IRA's are exempt.
Clark Dray
Clark Dray answered on Aug 20, 2019

I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: I am considering bankruptcy and have money in the bank , should I move the money to an IRA account prior to filing ?

I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.

Clark Dray
Clark Dray answered on Aug 20, 2019

No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put you in a... Read more »

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1 Answer | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I received a check for $500 as a gift from a friend that I know just went through bankruptcy.

The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?

Timothy Denison
Timothy Denison answered on Aug 14, 2019

No.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Can a mortgage company buy a discharged unaffirmed mortgage and start reporting it to the credit bureaus?

We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... Read more »

Timothy Denison
Timothy Denison answered on Aug 14, 2019

Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Ann Palmer, Marion, needs legal aid for Chap.7 bankruptsy immediately.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

This forum is not the place to seek legal representation in any specific situation. Use the "Find a Lawyer" tab at the top of every page.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: My Wife and I are in a chapter 13 case #18003906-5-JNC filed 08/5/18. my Wife has a property that was in the filing but

the stay was lifted and now the foreclosure sale was held today and sold for $55,000.00 . Amount due was 54,622.85 Value Approx $200,000.00. we have tried to set up payment plan with every one and had buyers for property but creditor and buyer today did things to keep anyone else buying it. our... Read more »

Timothy Denison
Timothy Denison answered on Jul 12, 2019

It is doubtful you can do anything to preclude the sale unless you can find someway to purchase it and you would need the Courts permission to do so. It is somewhat unusual that the trustee would let a 200,000 piece of property go for 55k bc there’s another 145,000 that could be used to pay your... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Hi there, if a NC company owes payroll taxes and goes into bankruptcy, do the payroll taxes have to be paid first?

this company has many other liens, so the question is whether the payroll taxes have superior lien status

Timothy Denison
Timothy Denison answered on Jun 27, 2019

The payroll taxes are a priority debt which cannot be discharged and must be paid ahead of allunsecured claims.

1 Answer | Asked in Bankruptcy and Business Law for North Carolina on
Q: If I own a company (S corp) and we owe $18000 in loans/card debt what happens to the balance when we close the company?

I own an S Corp, we close the office last fall due to lack or work. We have not been able to get it going again and we owe 8k in cards and around 15k on a loan. If we file chapter 7 does the debt the company owed then comes to me, or is it gone with the failed company? As of right now I dont see... Read more »

Timothy Denison
Timothy Denison answered on Jun 13, 2019

Unless you signed as a personal obligation on the nite, the debt stays with the s Corp.

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