North Carolina Bankruptcy Legal Questions

Without knowing all your income, expense and Chapter 13 plan information it is impossible to advise you on what to do.  You need to consult with a bankruptcy attorney in your area to go over everything and see what your options are. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

Yes, you can file bankruptcy without your spouse regardless of whether or not a divorce is contemplated.  Whether you have to include your spouse's income, expenses, assets and debts in the paperwork and eligibility analyses depends in part on the laws of your state and whether or not you are separated or still living together. A competent and experienced bankruptcy lawyer in your area will be able to answer those questions for you. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

You may need to speak to an attorney. Judgments in NC are automatically liens on Real property (land and homes) it he county in which the judgment was docketed. It can be docketed in numerous counties if need be. A lien cannot be obtained against personal proper (all property other than land and homes) without additional action. You need to enforce the judgment by using the execution and exemption process.... Read More

Your best option is to go turn yourself in.. and ask the Prosecutor and the Judge for leniency..explain your situation as simply and thoroughly as possible and bring supporting documentation Try to make arraignments to pay $20 per month or so until you can earn more. Ask if the the Prosecutor and the Judge will waive the fees if you attend school regularly, get good grades and not disrupt the While not desirable.. if you do get throw in jail on weekends you should get fed at least.... Read More

There are too many different variables to answer the question of what will happen to specific assets, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

That's a very interesting question.  I'm not sure what banking services you would need with an insurance company, but I think this comes down to whether what they are doing amounts to an attempt to collect on a debt that was discharged in your bankruptcy case.   I don't think that banks (or insurance companies) are REQUIRED to provide you anything; you always have the right to use a different institution, so I'm not sure refusing to provide you online access, etc. would amount to a violation of the discharge. On the other hand, if they admit that it's punitive solely because of the bankruptcy, you may be able to rattle their cage by filing a contempt motion with the bankruptcy court.  That will cost you money, however, with no guarantee of recovering any. I would check with a bankruptcy attorney in the location where your case was filed for further direction on this issue. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

Filing bankruptcy may end with a discharge of the debt to the lender (presumably it did in this case), but unless you sell or give away the property, or the lender forecloses and sells it or keeps it, you are going to remain the record owner. Your question doesn't contain enough facts to answer any more specifically. Maybe a visit with a local attorney experienced in bankruptcy and real estate matters will help you get the specific information you need. Good luck to you.... Read More