Recent FAQs

What kinds of debts are non-dischargeable in bankruptcy?

In bankruptcy, a bankruptcy discharge ends a debtor's personal liability on all debts except those otherwise made non-dischargeable. This post contains a list of significant categories of non-dischargeable debt.

Are all judgments the same?

No. There is significant variety in the nature of judgments and how they are affected by a bankruptcy case. Notable questions are whether a judgment lien exists against the debtor's property and whether the judgment concerns an underlying not-dischargeable debt.

Can a Husband and Wife split their joint bankruptcy?

It is possible to sever a joint case into two individual cases. Such requires approval of the court and requires a

What happens to my car lease in bankruptcy?

If you lease your car instead of owning and financing it, bankruptcy treats this automobile lease obligation differently than a secured car installment loan. In bankruptcy, leases are either assumed or rejected. An assumed lease continues on its own terms, while a rejected lease ends. In event of rejection, the car will be returned to the creditor for sale.

Can I file bankruptcy online?

While internet technology has greatly changed the practice of bankruptcy, it is generally not possible to do a start-to-finish online bankruptcy filing. Among other reasons, a paper copy of the bankruptcy petition will be have to signed. While requirements may vary per-district, attorneys generally must retain a paper copy of the petition with original signatures even when electronically filing a bankruptcy. Individuals filing without assistance of an attorney must ordinarily file the bankruptcy petition and schedules with the court in paper format.

How common is bankruptcy in North Carolina?

In 2010, there were about 25,000 non-business (consumer debt) bankruptcy filings in North Carolina. These filings include both individual cases and joint (husband and wife) cases, so the number of persons filing was somewhat higher than 25,000. North Carolina is home to about 9.5 million people (2010 census). There are about 3.5 million households in North Carolina. This amounts to a bankruptcy rate of about 7 filings per 1000 households, or one filing for every 140 households. On a per capita basis, there were 2.6 filings per 1000 persons.

Can I change between Chapter 13 and Chapter 7 after filing?

Bankruptcy law terms changing from one chapter to another a conversion. Common conversions for individuals are from chapter 7 to chapter 13 or from chapter 13 to chapter 7.

Can I be fired for filing bankruptcy?

Generally, no. Debtors are protected by section 525(b) of the bankruptcy code from termination of employment by private employers. However, this protection only extends to termination solely because of the bankruptcy, insolvency prior or during the bankruptcy, or failure to pay a dischargeable debt. Termination for other reasons, including those related to job performance and economic conditions is still permitted.

What is a Motion for Relief from the Stay?

A motion for relief from the automatic stay is a common motion brought by a creditor, who wishes to take action that would otherwise be barred by the bankruptcy automatic stay. Most frequently, a motion for relief seeks court permission to foreclose on real estate or repossess a car or other vehicle. A motion might also be brought to in order to continue a legal proceeding outside of bankruptcy.

How is alimony or child support treated in bankruptcy?

The bankruptcy code refers to child support and alimony as domestic support obligations. Bankruptcy does not eliminate domestic support obligations, and ex-spouses and children receive considerable protection within the bankruptcy system.

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