Pre-Bankruptcy Alternatives? Choosing Who to Pay

As a bankruptcy attorney in Asheville NC, I speak with people daily about how they are deciding which creditor to pay first when their financial situation becomes strained.Frequently, the loudest creditor is the last one my potential clients should be paying.  Credit Card Collectors When a credit card bill goes unpaid, many accounts are automatically…

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Who files for bankruptcy protection?

As an Asheville NC bankruptcy attorney, most people I speak with do not realize what legal options they have concerning their debts, or that many of their friends and neighbors have already decided to file a bankruptcy case.More than 1 million people filed for bankruptcy protection in 2013.The statistics from my own practice may surprise…

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Protecting Home Equity in Bankruptcy

As an Asheville bankruptcy attorney, one of my functions is to help clients estimate the correct values for the property they own.By doing this well, we can permanently protect assets from the reach of the client’s creditors.This process has recently become more complicated for folks living near Asheville who have equity in their homes, want…

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The Asheville Bankruptcy Bargain

As an Asheville attorney practicing bankruptcy law, the thing I like best about my job is interacting with clients.I represent debtors who have worked hard, maybe made some honest mistakes, but have set their egos aside in order to provide more for their families.They have decided to file a bankruptcy case. Bankruptcy cases provide tremendous…

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Student Loans Lawyer: Restructuring Debt Outside of Bankrutpcy

As a North Carolina Student Loan Lawyer, I speak with potential clients frequently about their bankruptcy options.  Many times, a bankruptcy discharge will not effect their liability on student loans. If your budget has been turned upside down by a burdensome student loan payment, you may have a right to change the required monthly cost…

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Collections Lawsuit: The sheriff just served me a summons. What should I do?

As an Asheville bankruptcy attorney, I speak with many clients soon after they get served by the sheriff with a collections lawsuit.Although a collection lawsuit can be intimidating, many times clients can defeat the action by taking the appropriate action either in bankruptcy court or through the state court proceeding. If Served, You Still Have…

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Can I sell property before filing for bankruptcy?

Frequently, yes. As long as you sell your property for fair market value, there is usually no problem with selling an asset prior to filing your bankruptcy case in Chapter 7 or Chapter 13. Problems arise in the bankruptcy context when one sells property for less than market value.  Even with the best intentions, such…

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Bankruptcy: Do I qualify for chapter 7 relief?

As a bankruptcy attorney in Asheville, NC, one of the most common questions I speak with clients about is what type of relief they qualify for.The ‘means test’ was implemented by Congress in 2005 in part to limit Chapter 7 relief to only the individuals who truly need it. Means Test The means test limits…

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Student Loan Debt: Consider Alternatives to Bankruptcy

As an Asheville bankruptcy lawyer, I explain to people all the time that student loans are generally not dischargeable in a Chapter 7 or Chapter 13 bankruptcy case.However, if a client has an “undue hardship,” as defined by the BRUNNER test, they may be able to file an adversary proceeding within their bankruptcy case to…

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My home equity loan has a balloon note coming due soon. Can bankruptcy help?

As an Asheville bankruptcy lawyer, I’ve been seeing more and more potential clients consult with me about their equity line balloon payments.Many times, bankruptcy can help a budget work better after one’s mortgage costs increase. The first step in assessing a client’s rights is to figure out what happens at the end of the ‘interest-only’…

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