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…

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…

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…

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,…

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…

I love our family doctor. If I file a bankruptcy case, am I allowed to pay him back?

Yes.  As an attorney practicing bankruptcy law in Asheville, NC, I counsel people all the time who are concerned about how friends and neighbors will react to a bankruptcy filing.  First of all, in the majority of cases, the only folks who find out about a case are your creditors, the trustee, your attorney, and…

Is my 2012 tax refund protected if I file a bankruptcy case?

As an Asheville bankruptcy lawyer, I help people protect various assets.  This is called exempt property.  In over 90 percent of the Chapter 7 bankruptcy cases I file, all of the property my clients own fits within the North Carolina or Federal Bankruptcy exemptions.  They get to keep all their property. One type of asset…

Bankruptcy and Debt Information: Where do I go to get started?

As an bankruptcy attorney in Asheville, North Carolina, I meet every day with people who are overwhelmed with debt problems but do not know where to begin.  I encourage everyone in Western North Carolina who is feeling pressure from bill problems to seek help from a qualified, bankruptcy attorney who offers free consultations.  Your problems…