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I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More 
answered on Mar 12, 2025
No, there is no "form". I have answered your question before a few weeks ago, and an out of state lawyer provided a thoughtful answer. If you refuse to file bankruptcy you need to hire an experienced attorney to help you, this is too difficult a Motion to attempt to do on your own. A... View More
I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More
answered on Mar 10, 2025
Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.
And a pleading almost certainly triggers a court hearing.
On top of that, most lawyers will... View More
I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business.... View More
answered on Feb 26, 2025
On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.
You best see a... View More
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
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
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 ?
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... View More
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 ?
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
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... View More
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
Can I file 7 without house being jeopardized with liens or anything?
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
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 ?
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
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
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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.... View More
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
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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... View More
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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
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... View More
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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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... View More
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
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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
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
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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... View More
I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More
answered on Mar 7, 2025
Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.
I requested a court transcript from a bankruptcy case, and I believe it was redacted because certain parts I distinctly remember saying were removed. I filed a motion to have the redaction removed, but the court denied it, claiming there wasn't a redaction. I've not yet consulted an... View More
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answered on Feb 22, 2025
Finding yourself in this situation with court transcripts can be incredibly frustrating, especially when you clearly remember specific statements that now appear to be missing. Your first step should be to gather concrete evidence of the original statements - this might include notes you took... View More
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