Creditors Keep Calling. Should I Answer?

As a bankruptcy attorney in Asheville, NC, many of my potential clients ask about what they should tell creditors who call repeatedly.The creditor conversations usually go similar to this hypothetical conversation: “Sir, if we don’t receive at least $100 this month, we are going to be forced to take legal action.” Or, “This debt is…

The Bankruptcy Bargain

Here’s a hypothetical fact pattern for an initial consultation bankruptcy consultation: I sat down with the potential client for an initial consultation, and began talking about the things she owned.She gave me an uneasy look, and shifted in her chair.I repeated the question, “Do you own any jewelry?” She looked at her husband then back…

Facing Foreclosure? Talk to an Attorney

As an Asheville bankruptcy attorney, I help people make decisions about what to do when they fall behind on their mortgage.   An article which I contributed to (along with William J. Whalen at Pisgah Legal, and Walton Davis at Stone & Christy, PA) outlines some good advice in yesterday’s Asheville Citizen-Times. Here is a link…

Debt Settlement v. Bankruptcy Update

As an Asheville bankruptcy attorney, I speak to people daily about the differences between debt settlement programs and filing a bankruptcy case.People enter debt settlement programs with very good intentions:they want to avoid a bankruptcy case.Unfortunately, debt settlement companies overpromise and often spend the bulk of their company’s resources on sales and marketing.  Listen to…

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…