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Important part of successful bankruptcy is adequate pre-bankruptcy planning

Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “How do I find a bankruptcy attorney in Charlotte?”


Now is the time for New Year’s resolutions. As 2015 swings into gear, a leading bankruptcy adviser is offering tips for individuals and businesses who are contemplating bankruptcy.

Out of business sale Charlotte Mecklenburg Bankruptcy Lawyer North Carolina Debt AttorneyJustin Harelik, founder of Westgate Law in Los Angeles, says an effective bankruptcy is as much a result of solid pre-bankruptcy planning as it is a result of actions undertaken during the bankruptcy process.

Too often, Harelick said, bankrupt consumers and businesses wait too long to take action. Many times clients hire Harelick and pay their attorney fee but then hold on to their paperwork for too long. Only after creditors begin levying on property or garnishing accounts, Harelick said, clients follow up with him about their paperwork.

A bankruptcy attorney can stop garnishment, Harelick said, although sometimes one is unable to recover monies seized in a bank levy. Once a client has paid for a bankruptcy attorney’s services, Harelick said, it is important to follow up to ensure that everything necessary to get the bankruptcy action filed has been completed. The longer a client holds onto documents, the longer the relief that a bankruptcy affords may be delayed.

Since it is much easier, in the digital age, for creditors to levy bank accounts, Harelick encourages those facing bankruptcy to keep their bank account balances low. That will stem the tide of losses due to bank levies, particularly if the bankruptcy filing is made after levying of accounts has commenced.

Harelick also encourages individuals and businesses to monitor their credit reports and to acquire a complete understanding of the identity of their creditors, the amounts claimed due, and the reasonable prospects of lawsuits brought by one or more of those creditors to collect sums due. It is possible—especially for debtors who have changed addresses or shut down a principal office—that judgments have already been registered. In addition to credit reports, public notice or public record sections of local publications may show whether bank levies or garnishment actions have begun against an individual or company.

Credit reports tell creditors much more than individuals and businesses may realize. When people apply for a job, they are often asked to authorize a credit check. This check appears in the “credit inquiries” section of a credit report. Using this, creditors can track down where a person is living and where a person has applied for a job. Oftentimes debtors who begin a new job only to have their wages garnished wonder how their creditor tracked them down.

In the end, there may not be much an individual or company can do to stop creditor actions, but it is important—both in the bankruptcy process and in business in general—not to hide one’s head in the sand. Getting organized for bankruptcy may help one learn to better organize the financial side of one’s business—or one’s life—so that after bankruptcy, one will stand on more solid financial ground.

If you find yourself needing the services of a Charlotte, North Carolina bankruptcy attorney, please call the skilled lawyers at Arnold & Smith, PLLC find additional resources here. As professionals who are experienced at handling all kinds of bankruptcy matters, our attorneys will provide you with the best advice for your particular situation.



About the Author

Bryan 1Bryan Stone is a Partner with Arnold & Smith, PLLC, where he focuses his practice on all aspects of bankruptcy, including: Chapter 7, Chapter 11, Chapter 13, home loan modifications and landlord-tenant issues.

A native of Macon, Georgia, Mr. Stone attended the University of Georgia, where he earned a BBA in Banking and Finance, and Wake Forest University School of Law, where he obtained his law degree.

Following law school, Mr. Stone relocated to Charlotte, where he currently serves as Chair of “Bravo!” – a young professionals organization associated with Opera Carolina – and founded the University of Georgia Alumni Association of Charlotte.

In his spare time, Mr. Stone enjoys perfecting his barbeque skills for the annual “Q-City BBQ Championship” and playing softball in the Mecklenburg County Bar softball league.







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