Bankruptcy Articles
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Get the facts on bankruptcy, including types, qualifications, and what to expect in the process.
DO IT YOURSELF BANKRUPTCY?
Chapter 7 Bankruptcy: Not A Do-It-Yourself Opportunity Nobody wants to file for bankruptcy. But sometimes, after reviewing your circumstances, it may be the best choice if you wish to move forward with your dire financial situation. The problem is filing for bankruptcy can be expensive [...]
Issues That Can Come Up:
You have already filed for Bankruptcy beforeYou are a new resident of North CarolinaSomeone is threatening to take your home – Not all creditors are entitled to take your house (who holds the Deed of Trust). Do not file a Chapter 7 if you are [...]
Means Test: Do You Qualify For A Ch 7?
The means test is the Bankruptcy Court’s way of enforcing “needs based” bankruptcy (only those who truly need a Ch 7 will be allowed to file Ch7). The means test has two functions: It serves as a screener to determine whether a debtor will be [...]
Transfers of Property Before You File For Bankruptcy
Fraudulent TransfersIf a debtor makes a fraudulent transfer within two years before the filing of a petition, the trustee may be able to avoid and recover the transfer. Please keep in mind, the trustee may have even have the power to reach back in time [...]
Priority Claims
Priority claims are unsecured claims or claims without a lien or collateral involved that are required to be paid before other claims. If a claim is secured, it is technically not a priority claim. The general rule is that priority claims must be paid in [...]
Non-dischargeable Debts
The general rule is that debts that existed before the bankruptcy petition is filed are discharged at the end of the case unless a specific exception to the discharge rule says otherwise. Most debts listed on Schedule F for Chapter 7 debtors will be discharged. [...]
