Legal Question in Bankruptcy in North Carolina

Can I file for bankrupcy in N.C.? I lost job of 32 years and just got divorced. I am self employeed now. I have approximately $20,000 in unsecured debt, I just had an RV repossessed, and my house is 2 months behind, it is listed forsale. I am only making about $2200 per month right now. How do you file for bankrupcy?


Asked on 1/04/11, 10:12 am

2 Answers from Attorneys

Jason Witt Stone & Witt, P.A.

Best bet is to at least meet with an attorney to see if you qualify. Most bankruptcy lawyers offer a free consult. If you can't afford to use an attorney at least you will get some insight on the process, but beware bankruptcy is more than just filing some forms.

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Answered on 1/10/11, 4:47 pm
Thomas Zimmerman Zimmerman Law Office

Yes you can file. The mechanics of filing are not complicated, that is:

1. Take consumer credit counseling from an approved vendor.

2. List all of your assets and debts in the required format.

3. Pay the filing fee.

4. Attend the Meeting of Creditors

5. Take Debtor Financial Management Counseling.

More importantly, however, the fresh start you receive may or may not be of great utility. $20,000 in unsecured debt may be managed without bankruptcy. If you desire to retain your house, then bankruptcy is a last resort safety net to cure default over time without the consent of the lender. There are a lot of lenders who will work out a deal to allow cure without bankruptcy. In short, you should meet with a bankruptcy lawyer and not only explore the result of more than one course of action, but plan your long term financial future with all the options in mind. Don't panic and determine to file bankruptcy as a reaction to calls, or demand for deficiency payment on the RV.

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Answered on 1/11/11, 6:30 am


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