Damon Terry Duncan’s Answers

As long as they have enough employees to carry workers' compensation insurance (which I imagine they would) then it would probably protect you the most to run it through workers' compensation. You can hire a workers' compensation lawyer and they can walk you through the process and make sure you get the care you deserve. It will always come across as being biased when a workers' comp lawyer answers this question but you probably can best be served by an attorney in this situation - especially...

I'm echoing what the others have said. In order to keep your property you will need to be able to make your regular monthly mortgage payments. A Chapter 13 bankruptcy may be a possibility for you to keep your house and allow you to pay back the arrearage amount over the course of five years. However, if you don't have a job that shows you can make those payments it won't do you much good to do a Chapter 13 bankruptcy - at least based on the facts you've provided. If you are going to lose...

If you filed with an attorney I would encourage you to reach out to them. They can likely discuss your Schedule I and Schedule J budget and if things have changed that make it more difficult to make your plan payments they may be able to talk with the Trustee to reduce your payments (as long as you are paying more than a 0% plan and don't have any non-exempt equity that has to be paid over the bankruptcy). If you get out of the bankruptcy all of the creditors could start going after you...

I agree completely with Mr. Fabricius. Depending on the level of debt you have, you may want to talk with a bankruptcy attorney. Your income is protected but other property you have, depending upon the equity in that property, may not be protected. Best of luck, Damon Duncan Duncan Law, PLLC Greensboro & High Point Bankruptcy Lawyer http://www.DuncanLawOnline.com

Thanks for your question. It sounds like you may want to contact a workers' compensation attorney. The rating they are talking about would be a rating on your back (and any other injured body part) from the doctor. They will then use this rating to try to determine what amount of compensation you are entitled to. If you are going to have long term and lasting problems with your back then speaking with a workers' compensation, in my opinion, is a must. At least learn what your rights are and be...

If you filed the Chapter 7 bankruptcy then you typically do not need to do anything else regarding the mortgage. I would just encourage you to contact the mortgage company and their attorney and provide them with the case number and your attorney's information. This should stop the foreclosure due to the automatic stay. However, be aware of something commonly overlooked. If you have HOA dues and fees then you may want to continue paying those. Even though you've surrendered the house in a...

Thanks for your question. I handled a case that sounds extremely similar to this late last year. If your PTSD was developed by the workplace incident (which it sounds like it did) then it should be covered by workers' compensation. If your employer has terminated you it is important to figure out why that termination took place. Despite the termination, the insurance company for your former employer should still pay for medical treatment and should still pay 66% of your average weekly wages or...

It really depends on how much equity you have in your vehicle and house right now. If there is little to no equity then you may be able to fill out the Notice of Right to Have Exemptions Designated and be okay. However, that typically is a short term solution to a long term problem. Depending on the debt amount, you may be able to work out some kind of payment arrangement with them. Also depending on the debt amount, income level and assets, you may want to look into filing bankruptcy....

I agree completely with Patrick. Depending on the details of your situation it sounds like bankruptcy may be a realistic option for you. Any deficiency balance on the foreclosed home and the house will be potentially wiped out in the bankruptcy. A key factor is if there is a separation agreement and what that separation agreement says regarding the joint debts. An experienced bankruptcy lawyer can help you look through that. Regarding your credit, it will take a dip. Depending on...

Depending upon the value of other property, your vehicles should be protected. In North Carolina you have a $3,500 motor vehicle per person who has their name on the title to the vehicle. In addition to that, you have a $5,000 "wild card" exemption. You can do what's called "exemption stacking" and protect your $7,000 vehicle with your motor vehicle exemption and then "stack" your "wild card" exemption. It would be like this: $7,000 of equity in vehicle - $3,500 for motor vehicle...