North Carolina Bankruptcy Legal Questions

The finance company/bank/credit union is not required to do business with you ever again because you caused them a loss in the past. This is not against the law. They cannot demand that you pay the discharged debt at all, but they can refuse to do business with you unless you volunarily pay it back. There are plenty of finance companies, banks and credit unions out there who were not creditors in your bankruptcy - so take your business to one of those instead. ... Read More

$18,000 is a significant distribution to creditors. The Tustee's duty under the Bankruptcy Code is to represent the creditors interests. It's less expensive for you to stay in the home than it is for you to pay rent, but that is not the Trustee's duty. This is something that you or your attorney should have anticipated prior to converting to Chapter 7. Any increase in value of the house which cannot be exempted goes to the creditors in North Carolina bankruptcy courts. It may not be too late to unwind this and convert back to Chapter 13 if you want to keep the house, but you would need to be able to make up the Chapter 13 payments you missed.... Read More

Assuming that the bankruptcy court did not issue an order barring you from filing again within a certain period of time, yes you can file another Chapter 13. If you have lived in Alaska for at least three months, you will need to file in Alaska - not in North Carolina. I suggest having a consultation with a bankruptcy attorney where you live.... Read More

You need to have a personal consultation with a consumer bankruptcy attorney to get a specific answer. It depends upon if you have any joint debts or not and if the house is titled under both names or not. In addition, the tax listed value of your home is probably lower than the actual market value in today's real estate market. Do NOT file Chapter 7 without an attorney. In many instances filing a Chapter 7 does not have to be done immediately and an attorney can advise you on the pros and cons of filing Chapter 7 now, versus waiting to file until the real estate market cools off. In addition, the Chapter 7 Trustee has the authority to make deals with creditors to accept offers on your home for an amount that may preclude you from receiving your full exemption value. In general terms, if both you and your husband are on the deed to the home, each of you gets a $35,000 exemption, so if you file Chapter 7 together, there would be $70,000.00 exemption available. What your specific exemption would be depends upon the factors I mentioned above. Many consumer bankruptcy attorneys offer free consultations. If you already had a consultation with one attorney, consider getting a second opinion. Good luck.... Read More

You cannot "reinstate" a previously dismissed case for that reason (it is possible to reopen a closed case for certain other reasons). Depending upon how recently you previously filed bankruptcy and the circumstances of your choice to dismiss the other two cases, you may not be permitted to proceed with another case now - epecially if you failed to make Plan payments or failed to appear for the Meeting of Creditors, or failed to file all schedules, etc. on time. I certainly do not recommend that you try to file again without an attorney because if the Court views this third filing an an abuse, you could be barred from filing again for any reason for a significant period of time.... Read More

I don't think you need a new attorney right away, but you probably need to hire one very soon. If your Chapter 13 Plan is going smoothly, you don't need an attorney. If your income changes, if you need permission to sell property or if you need permission to incur debt, a Motion needs to be filed and most often, scheduled for hearing. You will need the help of an attorney to get these things done. Most bankruptcy attorneys will take over representation for a deceased attorney for a very low fee. Be sure to attend your status conference. Good Luck.... Read More

You qualify for Chapter 7 based upon the income you stated, and you should consider filing bankruptcy jointly if both of you have debts you can no longer afford to pay. In addition, if only one of you files bankruptcy, there is a possibility the emdical providers will continue to pursue the other spouse because in NC you are liable for medical debt incurred by your spouse if that was for "medical necessaries". The specifics depend upon whose name the cars are in and a few other factors. It's also a way to save money, because the court costs are the same whether ine spouse files alone or both spouses file together. You should have a personal consultation with a qualified consumer bankruptcy attorney because it is impossible to give completely accurate information on an online message board. An attorney will be able to make sure there would be no issues. Many offer free consultations.... Read More

Your nephew can provide proof of his legal ownership of the house to the mortgage company and submit a request for a loan modification. There is a standard form called a "request for assistance" that needs to be filed. I recommend that he contact a nonprofit housing agency for help. He can find one in his area by going to this web site: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=nc (copy and paste into your browser). I wish him the best of luck. He can take over the Chapter 13 Plan payment as well if the case has not yet been dismissed. He would need help from a consumer bankruptcy attorney for that. He can find a qualified one at https://www.nacba.org/find-an-attorney/ (copy and paste into your browser). I wish him the best!... Read More

I suggest you call Legal Aid at 1 (877) 579-7562 or call an experienced consumer bankruptcy attorney for specific advice. Some attorneys charge less for elderly on a fixed income than others, so it's impossible to tell you anything specific here. It also depends upon what property you own and your specific facts.... Read More

Something doesn't seem right about your post so you should really consult with a local bankruptcy attorney.  Many bankruptcy attorneys offer free or reduced rate consultations.  Or, if you hired an attorney for your Ch13 case, you should ask them the significance of any language used at a hearing.  The entire goal of a bankruptcy case is to get a discharge, even in a Chapter 13 case as debtors often don't pay their debts in full.  If you didn't in fact get a disccharge, then you are still liable to pay any remaining amounts on those debts.  The significance of any previously filed cases should have been discussed earlier by the Trustee and the Judge.  This aspect of your post seems strange.  Closing your case as satisfied without a discharge sounds very odd.  ... Read More

In this case most likely. The person did have the authorization to take it to the dealership because you were selling it to them...even if they didn't finish. Just like if the buyer was making payments to the bank. If you want the vehicle back, you need to work something out with the mechanic.... Read More

Unfortunately, I am required to make a few assumptions with the information given to answer. If you turned in the vehicle and it was sold for less than what was still owed, you are liable for the difference. A judgment could have only happened if you were sued and lost. If you were sued, the judgment would last for 10 years and could be renewed for another 10 years no matter what your credit report shows. I will say it unusual for the sheriff to deliver mail twice a week for the same issue. Make sure you don't ignore any of the notices.... Read More

You need to consult an attorney. The problem is this company is most likely an out of state company, as they are not legal in NC. If that's the case, you can't sue them in small claims court and must use district court which is very complicated to handle alone. The bad news is an attorney will cost more than what you are out.... Read More

Maybe. The key is what legal premise you are basis this on. To sue, you have to have a legal claim. It sounds like you want to argue there was an agreement (contract). For this to exist, you both have to agree and it can't be one sided...i.e...you both have to promise to do something. If he promised to pay the bill, you have to had promised to do something in exchange.... Read More

It depends upon the form of the company and what the operating agreement/by-laws say. Any vote of the share holders or members would have you on the losing end since he owns a majority of the company. The documents I mentioned should have addressed how the company assets are to be distributed upon closure of the company.... Read More