Legal Question in Bankruptcy in North Carolina

I need to file bankruptcy in Northeastern North Carolina, but a creditor has filed a lien on my bank account, so I have no access to my funds to pay an attorney. Are there any lawyers that will take a payment plan for Chapter 7? Also, when I do file will that lift the lien on my account?


Asked on 11/23/09, 1:39 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

When you say lien, I assume you mean an attachment than prevents you from access your funds. This means creditor has a judgment. Filing will give you relief if the seizure occurred within 90 days of the filing and the amount is $600 or over. You will have to decide if there is enough frozen to justify taking action. That it, once you file, you are able to reverse the levy on you funds. You could file on your own to allow you to get the stop in place and then search around for your lawyer to finish it. There is only a short window, usually 2 weeks, to submit all the remaining paper to the court, if you attempt to file on your own. You still have to take consumer counseling prior to filing unless you meet an exception or secure permission to delay counseling. All of this information can be accessed on the federal court bankruptcy website. The effect of the 2005 amendments to the Bankruptcy Code is to make it difficult to file. You will have to call around to find the lawyer you need. There is a North Carolina exemption law which allows you to exempt assets according to a schedule. If you file with the sheriff and ask for relief from the court that granted the judgment you will be able to secure release for funds within the exemption limits without bankruptcy. This procedure also requires prompt action. You should make a serious effort to consult counsel to evaluate what all the remedies are and to help you decide which one, if any, you should take.

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Answered on 11/29/09, 11:22 am


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