I have fallen behind on my mortgage. What happens now?

As an attorney practicing bankruptcy law in Asheville, NC, I frequently sit down with folks who have for one reason or another fallen behind on their mortgage payments.  They are wondering about when the mortgage company can foreclose, and what that process entails. First Mortgage Default After falling behind about 3-4 months on your first…

Bankruptcy Alternatives: Debt settlement vs. bankruptcy

As an Asheville bankruptcy attorney, I speak with potential clients about their alternatives to bankruptcy during their free, initial consultation.  Many clients are concerned about preserving their credit moving forward, and wonder if proposing a 30%-50% settlement to their creditors is better than filing for Chapter 7 or Chapter 13. Advantages of Debt Settlement Avoiding…

A collector is threatening to sue me. Am I judgment proof?

As a bankruptcy attorney in Asheville, close to half of the people I meet for free, initial consultations are judgment proof.  This means creditors have virtually no way to collect money or property from them under North Carolina law.  You are judgment proof if all of the property you own fits within the North Carolina…