Durham bankruptcy attorney representing consumers in Chapter 13 and Chapter 7. Serving North Carolina residents, with offices in Raleigh, Durham, Greensboro, Wilson, Fayetteville and Wilmington. Charles Carpenter. For individuals filing Chapter 13, the bankruptcy court in my district has set the presumptive (standard) fee at $ I was admitted to the North Carolina bar in and started a general law practice. I began practicing bankruptcy law in Durham, NC USA. Get directions, reviews and information for Chapter 13 Bankruptcy Office in Durham, NC. Chapter 13 Bankruptcy Office W Morgan St Durham NC Reviews () Website. Menu & Reservations Make Reservations. Order Online Tickets Tickets See Availability.
Attached please find a general order regarding restrictions on visitors to the U. Cases previously set for telephonic hearing in June will remain telephonic absent an order to the contrary. Parties may request that hearings be conducted by telephone or video. Parties appearing on video are required to wear courtroom attire.
The decision to return to live, in-person hearings may be impacted by the availability of court staff and facilities the roof in Raleigh is damaged with repairs in process , and any changes in COVID 19 case numbers, travel restrictions, or health warnings. In all cases, whether scheduled to be heard live or telephonic, any exhibits or other documentary evidence to be used at the hearing must be provided electronically to the court and parties in interest by pm of the preceding business day.
Access to the courthouses will continue to be restricted to those persons not experiencing symptoms of COVID 19 and who have not been in recent contact with persons affected by the virus. Temporary removal of face coverings may be requested by the court to aid judicial business with assurance of safe social distancing.
Any person requiring additional accommodations should contact the appropriate courtroom deputy for guidance. Hours: a. Handicapped Access. Phone: Directions. Box , Raleigh, NC Raleigh Division Hours: a. Greenville Phone: This means the bankruptcy court can only hear bankruptcy cases arising from its own district. Chapter 7 requires liquidation or sale of all non-exempt assets.
Chapter 7 is generally the quickest and simplest form of bankruptcy. Chapter 13 allows an individual to keep all of their property and possessions. However, the debtor must agree to pay a portion of their future income to repay their creditors. Chapter 13 requires the debtor to have a regular source of income in order to develop a plan to repay all or a portion of his or her debts.
The Chapter 13 laws allow for a payback period between three and five years depending on the amount of income the debtor has coming in. The biggest difference between Chapter 7 and Chapter 13 is the payback period for Chapter 13 and the ability to keep all of your possessions under Chapter The bankruptcy court has its own clerk. The office for the clerk is usually located in the same building as the bankruptcy court. The clerk can provide legal information about your bankruptcy case but not legal advice.
A very important feature of bankruptcy filings is called an automatic stay. By filing a bankruptcy petition, an automatic stay begins which immediately pauses any lawsuits, repossessions, evictions, or any other debt collection.
Discharge is a word in bankruptcy terminology which means the debtor is no longer liable for certain debts. This discharge from that liability is permanent meaning the creditor no longer can legally pursue the debtor for that debt. Put more simply, the debtor or person owing the money is no longer required to pay it to the creditor or person to whom the money is owed.
The discharge is a permanent court order preventing the creditor from pursuing the debt. The creditor cannot take any collection action including written communication or telephone calls to the debtor. Once the discharge is granted, the debtor is removed from all personal liability. However, any valid lien that was not removed in bankruptcy still exists.
Pursuant to the laws under Chapter 12 or Chapter 13, the discharge occurs only after all payments under the plan have been made, which may be as much as four years. If a debtor under Chapter 7 is over a certain amount, the debtor must satisfy what is called the means test. The debtor can rebut the presumption that the debtor does not qualify for filing under Chapter 7 by demonstrating that special circumstances exist that justify additional expenses or adjustments of current monthly income.
However, unless the debtor is above to overcome the presumption, the case will be converted into a Chaptet 13 petition or dismissed pusruant to 11 U. Bankruptcy is able to eliminate most consumer debts. Consumer debt includes credit card and other unsecured debts ie.
Some debts cannot be eliminated or wiped clear in bankruptcy. These debts will continue to be owed just as if bankruptcy was never filed. Debts that cannot be removed in bankruptcy include child support, alimony, and tax debt. A creditor is someone who is owed money or claims to be owed money by a debtor or the person filing for bankruptcy. The creditor does not necessarily have to live or do business in Durham County. The debtor files in the district where he lives or where the corporation does business or is incorporated.
A normal Chapter 7 debtor will usually not have to appear personally in court. The Chapter 7 Debtor will only have to appear in court if an objection is filed by a creditor. A Chapter 13 debtor will usually only have to appear in court at the plan confirmation hearing. A debtor usually only has to appear at a meeting. The meeting is usually held at the office of the U.
The meeting is required under Section of the U. Under the law, corporations, partnerships, or any other associations are required to have counsel. However, the rules of bankruptcy are very complex.
A party, even one without an attorney, is still required to follow all the rules and will be held by the court to them. The trustee is the representative of the bankruptcy estate which is authorized to exercise certain powers for the benefit of the unsecured debtors.
The trustee is a private individual or corporation appointed in all Chapter 7, 12, and 13 cases and also in some Chapter 11 cases.
Additionally, the trustee can bring actions against creditors or the debtor to recover property that has been improperly removed from the bankruptcy estate.
In a typical Chapter 7 case, the trustee is also charged with liquidating the property of the bankruptcy estate to make distributions to the creditors. A debtor should have on hand tax returns for at least the last two years , documentation of income including paystubs for the last six months along with W-2s from the last two years.
If a debtor owns any property, a valuation of any real estate needs to be provided. If a debtor owns any vehicles, supporting documentation including insurance, registration, etc.