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…
Yes. As a bankruptcy attorney in Asheville NC, I primarily recommend two ways to protect your tax refund in a Chapter 7 case. First, we can use the bankruptcy exemptions you are entitled to.When exempted properly, Chapter 7 trustees are not allowed to intercept tax refunds.The vast majority of North Carolina bankruptcy filers use part…
My job as a bankruptcy attorney in Asheville, NC is to provide guidance to individuals struggling to pay their bills each month.I will only advise someone in need of financial help to file a bankruptcy case if it is in their financial best interests to do so.Filing a bankruptcy case can be a gut-wrenching decision…
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…
As an Asheville bankruptcy lawyer, many clients come to me concerned that filing a Chapter 7 case means that they will sacrifice their ability to earn a good living in the future. With very rare exceptions, a Chapter 7 case will NOT limit your ability to earn money in the future. In fact, a Chapter…
As an Asheville bankruptcy lawyer, I speak with people on a daily basis about the process.People frequently smile during our appointments and admit that they could of used the available bankruptcy relief sooner:last month, last year, or years ago!Here are a few myths which I commonly hear from clients which keep them from scheduling a…
As an Asheville bankruptcy lawyer, I spend a lot of time discussing options with clients during free, initial consultations.My goal is to deliver good information to potential clients about the best way to achieve financial stability both inside and outside of bankruptcy. Here are some things to keep in mind: The appointments take about 30…
As an Asheville bankruptcy lawyer, I speak with people about their tax debts on a daily basis.Although many recent taxes are ‘priority debts,’ which are not dischargeable in a Chapter 7 bankruptcy, the bankruptcy code does provide relief. First, many taxes are labeled ‘non-priority,’ and can be discharged in a Chapter 7 case just like…