I need my car. Can I keep it if I file for Chapter 7 bankruptcy?

Potential clients in my Asheville NC bankruptcy  practice almost always ask about options for their car. If you file a Chapter 7 bankruptcy case, and currently owe money on your car, you are entitled under the Bankruptcy Code to reaffirm, redeem, or surrender the car.  Most frequently, however, I advise clients to consider a 4thoption,…

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What documents do I need in order to file a bankruptcy case?

As a bankruptcy attorney in Asheville NC, clients come to me because they need a fresh start.Many have endured some sort of financial hardship: job loss, medical problems, or divorce.These problems frequently lead to important financial documents not being readily available.Regardless, one of my firm’s tasks is to help a client organize the documents we…

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Protecting Property Without Bankruptcy

As a bankruptcy lawyer in Asheville, I spend time each day explaining the rights creditors have against consumers.While many federal debts (student loans and IRS, primarily) can cause a wage garnishment, most simple unsecured creditors (credit card, personal loan, and medical) cannot garnish wages in North Carolina.What they can do is file a lawsuit against…

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Creditors Keep Calling. Should I Answer?

As a bankruptcy attorney in Asheville, NC, many of my potential clients ask about what they should tell creditors who call repeatedly.The creditor conversations usually go similar to this hypothetical conversation: “Sir, if we don’t receive at least $100 this month, we are going to be forced to take legal action.” Or, “This debt is…

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The Bankruptcy Bargain

Here’s a hypothetical fact pattern for an initial consultation bankruptcy consultation: I sat down with the potential client for an initial consultation, and began talking about the things she owned.She gave me an uneasy look, and shifted in her chair.I repeated the question, “Do you own any jewelry?” She looked at her husband then back…

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Difficult Parts of a Bankruptcy Case

As an Asheville bankruptcy attorney, I spend the majority of my time during initial consultations speaking to clients about the negative consequences of filing a case.Most people understand the benefits of discharging unsecured debt through a Chapter 7 filing, or catching up on mortgage payments through Chapter 13.However, some of the most rewarding professional work…

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Facing Foreclosure? Talk to an Attorney

As an Asheville bankruptcy attorney, I help people make decisions about what to do when they fall behind on their mortgage.   An article which I contributed to (along with William J. Whalen at Pisgah Legal, and Walton Davis at Stone & Christy, PA) outlines some good advice in yesterday’s Asheville Citizen-Times. Here is a link…

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Choosing a Bankruptcy Attorney

As an Asheville bankruptcy attorney, I hear about the stress every day.The harassing collection calls continue even though you have asked them to stop calling.Every two weeks, you try to decide which creditor to pay.Perhaps the sheriff has dropped off lawsuit paperwork, and you are hoping your neighbors were not watching.In any event, when you…

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Debt Settlement v. Bankruptcy Update

As an Asheville bankruptcy attorney, I speak to people daily about the differences between debt settlement programs and filing a bankruptcy case.People enter debt settlement programs with very good intentions:they want to avoid a bankruptcy case.Unfortunately, debt settlement companies overpromise and often spend the bulk of their company’s resources on sales and marketing.  Listen to…

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