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North Carolina Bankruptcy Questions & Answers
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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3 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Being sued on a failed car loan, I turned the car in. how can I go about this? my bills take most of my pay as it is

N/a

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 26, 2020

You should see a bankruptcy attorney for a personal consultation as soon as possible. I don;t know what kind of notice you received, but if it is from the Sheriff with a "writ of execution" this is extremely urgent and you should not delay the consultation. A qualified consumer... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: How do I get a copy of documents and schedule from a previous bankruptcy
Rose Blondin Shea
Rose Blondin Shea answered on Aug 24, 2020

Contact the attorney that you did the previous bankruptcy with. They should have a copy of everything in your file.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Is it better to file a chapter 13 bankruptcy or try to pay off the accumulated debt? William
Timothy Denison
Timothy Denison answered on Aug 14, 2020

Depends. Consult a bankruptcy lawyer who can review your entire financial situation and then make a recommendation!

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: I need documents and schedule from a previous bankruptcy
Timothy Denison
Timothy Denison answered on Aug 7, 2020

Pacer.gov

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Regarding selling my home

hello,

My question is the trustee did his final distribution report about a week & half ago and has abandoned all property in my ch.7 I can't get anyone to answer at the bankruptcy court to tell me if the decree has been issued And my attorney has stopped replying to emails!... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 7, 2020

You probably won't be able to close on the home sale until yoou get your Discharge and the case closes. The title attorney may not clear the sale until then. The Discharge generally comes about 70-75 days after your first scheduled Meeting of Creditors. The Trustee files the report of no... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can i sell my home if my ch.7 is still showing open?

Hello,

I can not get my Bankruptcy attorney to contact me back or the Trustee. We have been discharged for 2 years and need to sell our home because of owning a business.. but i was told i cannot sell the home without the trustee saying yes. But I don't know what to do if the ATTORNEY... Read more »

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

The title insurance company is probably reluctant to approve title insurance for a sale until the Chapter 7 is reported as "closed". No attorney can tell you anything specific about your particular situation without reviewing the Trustee's Final Report. Any hapter 7 case where the... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: how long does it take to get a Decree after ch.7 after the final report for applications for compensation.

the courts have accepted and approved the order the Ch.7 trustee did The final Report for compensation & applications & deadline to object. I just wanna know how long does it take to get the Decree showing closed? And my Bankruptcy attorney will not contact me nor will the trustee what... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 28, 2020

The Clerk's offices are lightly staffed, with many staff working from home due to COVID. The same thing exists in the Bankruptcy Administrator's office. Things are taking a little longer than normal. I suggest you call the Clerk of Court and explain the situation. If the Clerk is waiting... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: my ch.7 trustee did a final report & was accepted by the courts. I just want to know if I sell my home can he take my $

the trustee of my Ch. 7 has already done his final report & applications for distribution. I was discharged 2 years ago & now i sold my home and we close next week & the case is still showing not closed.. even though he has already disbursed funds and courts accepted his final report... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 22, 2020

The answer is in the final report you received. There is a line for your home, which shows it being exempted. If the final report is done, the case is closed and he cannot reach any new assets such as the proceeds from the sale of your home. Contact the attorney you used for your bankruptcy for the... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: How can student loan be discharged in bankruptcy ? Does it cost to try ?

Hello

My wife and I decided to file for bankruptcy, we have too many debts, credits cards,loans, car repossessed...

I also have a Federal Student loan of about $60.000 and I know it's super hard and almost impossible to discharge federal student loans but from my researches... Read more »

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Student loans are rarely ever completely discharged. You have to prove undue and continuing hardship. It does cost more bc it is a separate proceeding within the bankruptcy.

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: If the trustee recommends a chapter 7, what can you do as a creditor do?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 6, 2020

A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: How do I file an objection to a discharge for money owed from divorce proceedings? Can I do it or does a lawyer have to?

My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 2, 2020

You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: CORRECTION for "I am filing Chapter 13 in NC. Can I buy a used car with Unemployment proceeds?"

I'm filing chapter 7, not chapter 13. If I purchase a car with ONLY unemployment income, should I still wait until after I file? If so, how long after?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

It depends upon how much the car is worth, how many other cars you own and how much equity you have in real estate. You will have to wait a minimum of 90 days after you purchase the car no matter what. Most consumer bankruptcy attorneys offer free consultations. You should consult personally with a... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I am filing Chapter 13 in NC. Can I buy a used car with Unemployment proceeds and keep it after the bankruptcy?

I am collecting Unemployment benefits under the CARES Act. This includes both State and Federal compensation. Can I use both the State & Federal Unemployment income to purchase a used vehicle (for $4,000 or less) and be assured the court cannot take it after the bankruptcy? I was told by my... Read more »

Timothy Denison
Timothy Denison answered on Jun 7, 2020

I would not buy it until after I filed bankruptcy. That makes it a postpetition purchase. If it is purchased using CARES money you should be fine. Also, you have exemptions you can use to protect t the money or the car from being seized.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Can creditors ASK FOR PAYMENT IF WE SELL OUR HOUSE before Bankruptcy is forgiven?
Timothy Denison
Timothy Denison answered on Jun 1, 2020

Depends on whether the house proceeds are exempted.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Hello, If we file chapter 7 how long until we can sell our house and by a cheaper one(we hope).

we have planned to keep our home mortgage and heloc.

Timothy Denison
Timothy Denison answered on Jun 1, 2020

About 90-120 days if no problems.

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