Filing bankruptcy usually doesn’t require a court appearance in front of a judge. It does, however, require the debtor to appear at a meeting in front of a trustee and be questioned about the paperwork filed in her case. If you file as a married couple, both spouses will have to appear. Your attorney gets [...]
August 2009
The phrase “Meeting of Creditors” strikes fear into most of my clients’ hearts. They hear these words and get a mental image of sitting in a large, darkened room with a spotlight in their face and their creditors in hooded robes surrounding them. The reality? In virtually all cases, there’s nothing to worry about. In [...]
The Eastern District of North Carolina has created a uniform document production list. All debtors in chapter 7 cases are required to produce the documents that are listed below: 1) Tax Returns including the W-2s attached to the tax returns for the most recent year along with copies of any extensions filed. 2) Bank account [...]
A Bankruptcy Court garnishment can be as high as you want it to be. There is no limit on the amount a Court can take from your paycheck because the federal limit on paycheck garnishment does not apply to chapter 13 payments. The amount of the garnishment is selected by the debtor, who submits a [...]
Federal law limits wage garnishment to 25% of the weekly disposable earnings or to that amount that is over 30 times the Federal minimum hourly wage, whichever amount is less. The federal law is found at 15 USCS Section 1673. In short, as of August 3, 2009, the first $217.50 is exempt. This amount will [...]
Regardless of whether you have filed a Chapter 7 or Chapter 13 bankruptcy you can receive a Motion to Lift Stay on your home. This will occur if your mortgage payments are behind or perceived to be behind. A Motion to Lift Stay is a request from the mortgage company to the court to asking [...]
