Bankruptcy in Fayetteville, NC

Are you contemplating bankruptcy or hiring a bankruptcy attorney in Fayetteville, North Carolina? Are you tired of creditors calling for payments you can’t make? Maybe looking for a way to get out of debt and have you exhausted all other options? Then bankruptcy might be the solution you seek. It is a legal option that can erase a portion or all of your debts.

Types of Bankruptcy in Fayetteville, North Carolina

Bankruptcy is a legal process that helps individuals and businesses get a fresh financial start. It eliminates a portion of or all of their debts or financial liabilities. In Fayetteville, NC to be approved, individuals must prove they have a hardship that prevents them from staying current on their financial obligations. Keep in mind that not all debts qualify. Some liabilities, such as child support arrears, delinquent taxes, alimony, and student loans generally do not qualify for discharge. Consumers who find themselves falling behind in debt can file either Chapter 7, 11 or 13. To determine which option is right for you, you’ll need to assess your goals, assets, and income. You should also consider working with an experienced bankruptcy attorney.

Residents of Fayetteville are required to file for bankruptcy in the U.S. Bankruptcy Court for the Eastern District of North Carolina.

Chapter 7 Bankruptcy

Many people find Chapter 7 to be the right solution for their circumstances because it provides them with the opportunity to start over financially. However, before filing for Chapter 7 bankruptcy, you should thoroughly assess your income and ability to repay what you owe. You should also speak with a bankruptcy attorney in Fayetteville  who can help you to decide if a liquidation plan is right for you.

Typically, individuals approved for Chapter 7 lack stable income or have experienced a change in circumstances that has resulted in an inability to manage their debts. Though Chapter 7 erases debts, the tradeoff is you may have to give up certain possessions, such as your home, car or some other assets. However, once you file your petition, an automatic stay goes into effect that requires all collection activity against you like foreclosures and garnishments, to stop temporarily. However, the automatic stay does not prevent all collection attempts. For example, if you owe child support or restitution for a criminal case, you are still liable for those payments.

The North Carolina Judiciary provides an online support guide which details the rules and codes of conduct for the Bankruptcy Courts in North Carolina. Before filing you’ll be required to pass a means test and prove that your income is lower than the median income for the state. Once your petition is filed, your creditors will be served with a stay that prevents them from attempting any further means of collection. You’ll also be required to complete credit counseling as part of your bankruptcy protections.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is more complex than other types of bankruptcy. It is often used by businesses and certain types of people. It allows petitioners to restructure their debts with a reorganization plan. Then, they are easier to manage over a determined length of time, usually four to 18 months. The main benefit of Chapter 11 bankruptcy is that it does not require petitioners to sell off or liquidate their assets to pay what they owe. It does allow debtors to negotiate with their creditors a reorganization plan that enables them to stay current on their debts moving forward.

UpSolve states that chapter 11, while at times beneficial for certain individuals, is generally taken up by businesses that desire to pay off their debts, but do not wish to shutter or liquidate in order to do so. This restructuring of debt will allow those who engage in chapter 11 protections to establish a new timeline to repay the debt. As well they can even borrow additional funds in some cases.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is a debt restructuring or wage earners plan. In Fayetteville, NC after you file, the courts will assign a trustee to examine your liabilities and assets and ability to pay bills. Unlike other types of bankruptcy, Chapter 13 involves you restructuring your debt with a three to five-year repayment plan. The flexibility of this repayment plan will depend on what property you want to keep. As well it depends on how steady your income is. It may also give you the opportunity to have some or most of your debts discharged.

North Carolina Bankruptcy Law states that chapter 13 is ideal for individuals who are trying to protect their home, make up for missed car or loan payments, pay off back taxes, and keep interest from accruing on other accounts. Unlike chapter 7 where the debt is wiped out, chapter 13 allows the debtor to pay off the debt under a revised timeline. However, the most crucial part of chapter 13 is your repayment plan. For this, you may want the help of an experienced attorney in Fayetteville.

The Bankruptcy Process in Fayetteville, North Carolina

There is never an ideal time to declare bankruptcy. However, if you are unable to pay off what you owe within five years, filing for bankruptcy can help you to lessen the negative impact on your situation and help you get back on track.

In Fayetteville to begin the filing process, gather all of your financial records, including monthly expenses, debts, assets and annual income. This information is crucial to give the courts an accurate picture of your circumstances. Failure to provide all necessary information can result in your petition being denied.

Fayetteville residents filing for bankruptcy are required to file the appropriate forms and pay the accompanying fees. You’ll have to decide if bankruptcy can actually alleviate your debt, and which particular type of bankruptcy you will pursue. Then you’ll need to stop paying qualifying debts and file for your exemptions. Remember, for anything to be exempt during the bankruptcy process you must file the appropriate forms. The U.S. Courts provide a timeline for these requirements.

Potential Exemptions

North Carolina provides a homestead exemption up to $35,000, and $3,500 for a motor vehicle. $5,000 worth of home goods can be exempt. As well, public and state benefits such as pensions, retirement, workers compensation, and insurance can all be protected. If you have any questions, an experienced Fayetteville attorney can best help you as you pursue these protections.

At least six months before you file for bankruptcy, eliminate unnecessary spending. Do not run up the balances on your credit accounts. You’ll also need to complete an approved credit counseling course, usually online or over the phone. Credit counseling is necessary to help you learn financial literacy and help you learn better financial habits. Once you complete the course, you’ll receive a certificate of completion to include in your filing. If you don’t have the certificate of completion from the credit counseling course that you took, the courts will reject your bankruptcy petition.

Work With an Experienced Fayetteville, North Carolina Lawyer

Hiring a local bankruptcy lawyer in Fayetteville during this process can help reduce the costly risks of self-representation in court. An experienced bankruptcy lawyer understands state and federal bankruptcy laws. He or she can help you understand which laws apply to your case. As well, they know which debts can or can’t be discharged. An experienced North Carolina attorney can also offer you guidance to improve the outcome of your case.

Keep in mind that there are debt management alternatives and financial resources that may benefit you more than bankruptcy, such as debt consolidation. Though bankruptcy is an attractive solution, it is best as a last resort. Do you need immediate help? Then one of our experienced lawyers in Fayetteville can guide you through the entire bankruptcy process. We can even help you connect with an attorney across North Carolina state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!