Archived
When will your money be safe from being seized, if you are filing chapter 11 bankruptcy in the state of North Carolina?
Erich's answer
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Answered on October 25, 2014
If you mean seized by creditors under state law, the automatic stay goes into effect (in ordinary cases) immediately upon the filing of the...
Archived
What can be done if a vehicle was repossessed by the loan company before a discharge and without the automatic stay being lifted
Erich's answer
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Answered on October 24, 2014
This is a question that needs to be answered by an attorney with full view of your case. Mr Love is correct that the stay can expire automatically...
Archived
Can we file bankruptcy and keep our house and cars? Is our IRA protected if we recieve monthly draws from 72-T acct?
Erich's answer
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Answered on October 22, 2014
There are exemptions available to protect a home, car, and retirement accounts from creditors in bankruptcy. The net equity in your cars is the...
Archived
Are there any instances where student loans can be discharged with
Erich's answer
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Answered on October 19, 2014
It is rare. Mr Love is correct that the standard fot undue hardship is extraordinarily difficult to meet. There is also the problem that the...
Archived
What can we do on a judgment?
Erich's answer
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Answered on October 17, 2014
The sequence of events of your bankruptcy and the lawsuit/judgment aren't clear, and may be important.
Unfortunately, I'm also not sure what is...
Archived
In NC, to amend Bankruptcy form B8 do you file a motion to amend and mail it to the court clerk's office along with the old and
Erich's answer
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Answered on October 17, 2014
I would suggest asking your question again with the name of the form (I think you are referring to the Statement of Intent). But Mr Caldwell is...
Archived
I am being sued by a debt buyer and need to know what is the best way to answer the summons?Can I have the lawsuit dismissed?
Erich's answer
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Answered on October 13, 2014
The NC consumer economic protection act of 2009 has a number of important provisions in the area of debt buyer lawsuits. As Judges are not always...
Archived
Is the statute of limitations exceeded.
Erich's answer
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Answered on October 11, 2014
Get a lawyer. It's difficult for a debt buyer to prevail on a collections lawsuit in NC if carefully opposed with statutory defenses and...
Archived
I plan on a bankruptcy in a few months when I have all my bills ready, should I file answer to complaint and admit loan or wait.
Erich's answer
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Answered on September 08, 2014
I'm not sure what your goal is in filing an answer admitting the debt. If your planning on filing bankruptcy, you ought to consult with an attorney...
Archived
Can I file a Chapter 13 Bankruptcy with $300,000 in student loan debt?
Erich's answer
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Answered on September 04, 2014
There is a $383,175.00 threshold on unsecured debt in chapter 13 bankruptcy. Below that, you should be eligible to file. One would have to consider...
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