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,…

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…

Bankruptcy Alternatives: Debt settlement vs. bankruptcy

As an Asheville bankruptcy attorney, I speak with potential clients about their alternatives to bankruptcy during their free, initial consultation.  Many clients are concerned about preserving their credit moving forward, and wonder if proposing a 30%-50% settlement to their creditors is better than filing for Chapter 7 or Chapter 13. Advantages of Debt Settlement Avoiding…

Bankruptcy Myths

As an Asheville bankruptcy attorney, I hear a lot of misguided ideas potential clients have heard from friends or debt consolidation salesmen.  If you are under financial strain, it is important to separate fact from fiction before making a decision about your next steps.  Here is a list of common bankruptcy myths which paralyze people,…

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…

3 Bankruptcy Keys To Success

As an Asheville bankruptcy lawyer, I speak with people every day who are upset and overwhelmed by their financial situation.  If they could work harder, make more money, and pay back all their debts, they would.  Unfortunately, in today’s economy, it is frequently not that easy.  When called upon, my job is to help honest…

Student Loan Debt: Should I explore my bankruptcy options?

As a bankruptcy attorney in Asheville, NC, I frequently speak with people having difficulty with their student loan debt.  These folks are sharp enough to figure out that student loan debt is generally not dischargeable in a Chapter 7 or Chapter 13 bankruptcy case. Even so, I strongly recommend folks having trouble paying their bills…

Can I File A Bankruptcy Case Without My Spouse?

Yes, as an Asheville bankruptcy lawyer, I file individual Chapter 7 and Chapter 13 cases.  An individual filing will not affect the non-filing spouse’s credit rating or appear on their credit report.  Married couples are also allowed to file ‘jointly,’ where both spouses open a bankruptcy case together. The critical factor to keep in mind…