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I Need To File Bankruptcy But Will It Be In The Newspaper? »

Often prospective clients ask whether their bankruptcy case will be reported in the local newspapers.  Generally, the answer is “no,” your bankruptcy will not be reported.
Because folks have seen foreclosure notices listed in their local newspapers, they are concerned that, because bankruptcy is a legal proceeding, their bankruptcy case will also be reported.  Foreclosure notices are [...]

New Uniform Document Production List For Chapter 7 Cases in the Eastern District of North Carolina »

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 statements including [...]

Should I Keep My House In A Bankruptcy Filing? »

With all the news stories about the foreclosure crisis and with the available programs for folks to try to maintain their house, a more basic question arises–should I even keep my house in a bankruptcy filing?  To be sure, this is not a decision to be made lightly and only after exploring all available options.  [...]

“I’m Not Filing Bankruptcy On . . . “, and Other Misconceptions »

“I don’t want to file bankruptcy on my house!”  “I don’t want to file bankruptcy on my car!”  “I owe my mom some money but I don’t want to file bankruptcy on her!”
Every bankruptcy attorney practicing in this country has heard these phrases or variations of them.  The client wants to keep his home so he thinks [...]

Bankruptcy and Older Folks »

I’ve been having more and more potential clients who are older come see me asking about bankruptcy.  Sometimes, bankruptcy is a good solution for these people.  Sometimes though, bankruptcy is not a good option.  And quite often, very few good options remain to deal with your debt.
Recently, I spoke with an older person who wanted to know if [...]

Should I Talk With a Bankruptcy Lawyer Instead of A Debt Settlement Company? »

More and more, I’m seeing folks in my office after attempting debt workouts through debt settlement companies.  Usually, the debt settlement companies that these people used were ones that advertise heavily on television and in other media.  And usually, the potential clients have paid a lot of money to these debt settlement firms and gotten very little out of it.
So now, they [...]

I’m Filing Bankruptcy But I Don’t Want My Family Members To Know »

Most people are not thrilled with the prospect of filing bankruptcy.  Most people would rather the whole affair be kept as quiet as possible.  While this is understandable, it is sometimes advisible for you to discuss your financial situation with your family members and let them know that you are thinking about bankruptcy.
Sometimes, family members will [...]

Pay Advices–What Is That? Evidence of Income for Bankruptcy. »

A requirement under the Bankruptcy Code is that you provide copies of all pay advices or other evidence of payment received within 60 days of your filing for bankruptcy.  For most people who go to work every day and receive a paycheck, this is not a big hurdle.  However, if you are self-employed, how do [...]

Help Families Save Their Homes! We Need Your Help Now! »

We need your help!  The Senate is set to consider Senate Bill 61 titled “Help Families Save Their Homes” which will allow bankruptcy judges to modify mortgages in chapter 13 bankruptcy cases.  You can contact your senator and express your support for S.61 by following this link here.
As previously posted on this blog on several [...]

How Is My Chapter 13 Plan Payment Figured? »

How much will my chapter 13 plan payment be?  Understandably, this is the question that figures prominently in people’s minds as they contemplate a chapter 13 bankruptcy filing.
While plan payments can often be projected with a reasonable degree of accuracy, there is a lot that goes into figuring what it will be.  There are several [...]