Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

I Can’t Afford To Pay My Creditors But I Don’t Want My Bass Boat Sold!

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

  Yes, it is quite a lot of fun to be skimming across the water heading to that secret spot where you know the big lunker is lurking.  You have had a lot of fun fishing over the years and if you could just get your financial issues behind you, you would spend more time [...]

Help! My Car Was Repossessed! Can Bankruptcy Help?

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

The last thing you are thinking about is bankruptcy.  It’s early in the morning and you are just stepping out of the door to go to work and your car is not where you left it! First thought:  Was it stolen? Oh, no!  You knew that you were a couple of months behind on your [...]

Bankruptcy Basics: What is a “cram-down”?

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

So, you meet with an attorney to discuss your options in bankruptcy.  The attorney discusses a chapter 13 and says that you can “cram-down” your car in a chapter 13 case.  Cram what!?  I like the thought of cramming something somewhere for a particular creditor but what exactly is a “cram-down”? Under chapter 13, a [...]

How To Be A Good Bankruptcy Client

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Much has been written about what potential debtors should look for in a bankruptcy lawyer.  Well, it is a two-way street and bankruptcy lawyers will also be sizing you up to determine if you will be a good bankruptcy client.  Remember, both the lawyer and the client have the shared goals of getting you through [...]

Fourth Circuit Affirms Dismissal of Chapter 7 Case Based on Totality of Circumstances

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Yesterday, the United States Court of Appeals for the Fourth Circuit (Maryland, Virginia, West Virginia, North and South Carolina) affirmed the bankruptcy court’s decision to dismiss the debtors’ Chapter 7 case based on the totality of the circumstances under 11 U.S.C. § 707(b).  The court noted that the Bankruptcy Abuse Prevention and Consumer Protection Act [...]

Bankruptcy and the FDCPA

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

There are two very important statutes that serve to protect consumers from some of the consequences of too much debt.  The first is the United States Bankruptcy Code.  Obvious enough since this is the Bankruptcy Law Network.  The other statute is the Fair Debt Collections Practices Act or FDCPA.  Both statutes individually can help consumers [...]