Can I File A Chapter 7 Without My Spouse?

Yes, a bankruptcy filing can be made by one spouse without the other. Doing so means the non-filing spouse’s assets do not get examined by the trustee or court. It also means the non-filing spouse does not get the full protection of the automatic stay or the bankruptcy discharge. A key question in determining whether…

How Can I Stop A Wage Garnishment?

One of the most effective ways a creditor can get paid is through wage garnishment. Generally, a creditor gets a court order which directs an employer to withhold a certain amount of their employee’s pay. The garnishment order is usually a very unpleasant surprise which arrives before payday. If a wage garnishment takes more from…

Bankruptcy: The Healthy Choice?

“Deciding to file bankruptcy has caused so much stress in my life.” My client said these words the first time we met for an initial consultation. “I’m so sorry you are going through a tough time. I am here to help. Nobody wants to file bankruptcy, and that’s why we should discuss your non-bankruptcy options…

Should I Take Out a 401k Loan?

Almost everyone I meet with in my Asheville office would like to find a strategy to avoid bankruptcy. I examine their non-bankruptcy options before ever considering a filing. One option is to borrow money against a retirement account in order to pay back debts. The good news for 401k loans is that they are easy…