As an Asheville bankruptcy lawyer, I frequently sit down with people who own a small business which is struggling to make ends meet. It is important for the small business owner to understand their rights both in bankruptcy and outside of bankruptcy before calculating their next best financial move. How is the business organized? If…
No, only the person who files a bankruptcy case will have the filing reported on their credit history. Under the bankruptcy code, a person has a right to file a case without their spouse. As a bankruptcy attorney in Asheville, NC, a common question I receive from stressed out consumers is whether they should file…
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…
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…
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…
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…
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…
I became an Asheville bankruptcy lawyer partly because collection companies break the law in order to profit. By breaking the law, the collectors receive more money from people unable to pay than they would otherwise. Their profit strategy is to intimidate, annoy, and irritate folks into writing them a check for some amount. I think…
Deciding you need to separate from a spouse is an incredibly emotional and painful decision. Once made, it is important to understand your legal rights and obligations regarding the debts which will remain after the divorce decree has been finalized. As an Asheville bankruptcy attorney, I frequently spend time with clients who benefit from a…
As an Asheville bankruptcy attorney, I spend lots of time explaining the process of filing a case with prospective clients.I chose to be a bankruptcy lawyer because it makes me feel good to deliver hope in situations which seem hopeless.I usually have good news for folks who see me for initial bankruptcy consultations about their…