Is my home protected if I file for bankruptcy?

As an Asheville bankruptcy lawyer, I talk about options for homes with people who are facing difficult financial circumstances.Generally, if you want to keep your home, the most important thing moving forward is your ability to continue making the mortgage payments. Chapter 7 v. Chapter 13 Bankruptcy In a Chapter 13 bankruptcy case, the bankruptcy…

I was just served with a collections lawsuit by the Sheriff, what happens next?

As an Asheville bankruptcy attorney, I hear from many clients after they get served by the sheriff with a collections lawsuit. A suspicious knock on the door inspires fear and more stress about a client’s financial trouble. My initial reaction when fielding such a call is, “Don’t panic, you have options, lets get you on…

Should I file a Chapter 7 or Chapter 13 bankruptcy?

As an Asheville bankruptcy lawyer, I recommend filing bankruptcy cases to clients when I feel it will improve their financial condition.Chapter 7 and Chapter 13 both have advantages and disadvantages.My job is to explain to clients which financial tool will help them more, and recommend a path forward based on the specifics of their situation.…

If I File A Bankruptcy Case, Will It Destroy My Credit Score?

As an Asheville bankruptcy attorney, I spend a large portion of initial consultations discussing the negative consequences of filing a case.One fear which is often overblown, in my view, is the effect of a filing on your credit score.  Many folks incorrectly think they will not ever have access to credit again or will not…

Paying Back a Family Member? Read This First

As an Asheville bankruptcy lawyer, I frequently advise people against filing a bankruptcy case when they have recently paid back a relative or family member.Making gifts or large payments to family members on the eve of bankruptcy can limit your debt relief options.Much better results can be achieved by filing a bankruptcy case first, and…

In North Carolina, your retirement accounts are safe from creditors

As an Asheville bankruptcy lawyer, I ask clients all the time whether they have any retirement savings.  All too often, I hear, “Not anymore.” North Carolina’s exemption laws, and federal exemption laws, protect money in a retirement account from creditor levies or liens.This is a reason why lawsuits and court proceedings are inefficient for creditors…

How Do I Repair My Credit Score After Bankruptcy?

In my Asheville, NC bankruptcy law practice, I meet with people daily who have damaged credit scores.Their scores have typically been weighed down by 30 and 60 day late payments being reported by their creditors month after month.Although a bankruptcy filing is a negative which stays on your credit report for 10 years, it will…

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…

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…