Get free answers to your Bankruptcy legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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.
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
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
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
