As a North Carolina Student Loan Lawyer, I speak with potential clients frequently about their bankruptcy options. Many times, a bankruptcy discharge will not effect their liability on student loans. If your budget has been turned upside down by a burdensome student loan payment, you may have a right to change the required monthly cost…
As an Asheville bankruptcy attorney, I speak with many clients soon after they get served by the sheriff with a collections lawsuit.Although a collection lawsuit can be intimidating, many times clients can defeat the action by taking the appropriate action either in bankruptcy court or through the state court proceeding. If Served, You Still Have…
Frequently, yes. As long as you sell your property for fair market value, there is usually no problem with selling an asset prior to filing your bankruptcy case in Chapter 7 or Chapter 13. Problems arise in the bankruptcy context when one sells property for less than market value. Even with the best intentions, such…
As a bankruptcy attorney in Asheville, NC, one of the most common questions I speak with clients about is what type of relief they qualify for.The ‘means test’ was implemented by Congress in 2005 in part to limit Chapter 7 relief to only the individuals who truly need it. Means Test The means test limits…
As an Asheville bankruptcy lawyer, I explain to people all the time that student loans are generally not dischargeable in a Chapter 7 or Chapter 13 bankruptcy case.However, if a client has an “undue hardship,” as defined by the BRUNNER test, they may be able to file an adversary proceeding within their bankruptcy case to…
As an Asheville bankruptcy lawyer, I’ve been seeing more and more potential clients consult with me about their equity line balloon payments.Many times, bankruptcy can help a budget work better after one’s mortgage costs increase. The first step in assessing a client’s rights is to figure out what happens at the end of the ‘interest-only’…
I became an Asheville bankruptcy lawyer partly because collection companies break the law in order to profit. By breaking the law, the collectors receive more money from people unable to pay than they would otherwise. Their profit strategy is to intimidate, annoy, and irritate folks into writing them a check for some amount. I think…
Yes. As a bankruptcy attorney in Asheville NC, I primarily recommend two ways to protect your tax refund in a Chapter 7 case. First, we can use the bankruptcy exemptions you are entitled to.When exempted properly, Chapter 7 trustees are not allowed to intercept tax refunds.The vast majority of North Carolina bankruptcy filers use part…
A new year is upon us, and my busiest time as a bankruptcy attorney in Asheville, NC is about to begin.Just as gym memberships rise in the Spring, so do bankruptcy filings.Here are answers to a couple key questions about how to become debt free through the bankruptcy courts. What kind of relief am I…