Articles Tagged with automatic stay

Bankruptcy Lawyer Bryan W. Stone answers the question: “How do I find a bankruptcy attorney in Charlotte?”

In times of financial distress, the automatic stay granted during bankruptcy can be a lifesaver. Debtors seeking relief from the stress of mounting bills should retain an experienced Charlotte consumer bankruptcy lawyer who can help guide them through the bankruptcy process.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is Chapter 13 bankruptcy?”

Do not panic just because you receive a foreclosure notice. This does not mean the bank can take your house tomorrow. Most people will do whatever it takes to save their home. Depending on how far behind a homeowner falls in mortgage payments, foreclosure can be a scary process. Negotiating with the bank only works if you have money to restructure payments or modify your loan completely. However, if working out a plan like this is not an option, eventually the lender will move your account to a foreclosure status and proceed with the repossession of your home through a legal sale. Understanding your options during the foreclosure process requires the help of a skilled attorney. A Chapter 13 bankruptcy filing provides legal protection that can be leveraged in such situations.

Bankruptcy Lawyer Bryan W. Stone answers the question: “Does Bankruptcy stop foreclosure?”

Many people who are experiencing financial trouble have difficulty keeping up with many of their monthly obligations, including their mortgage payments. When a homeowner gets sufficiently behind on his or her mortgage, the mortgage lender may pursue foreclosure, which is the legal process through which a piece of real estate is repossessed. Once repossessed, the property is generally sold at auction so that the lender can mitigate the losses it has incurred. Fortunately for homeowners, there are often many ways in which filing for bankruptcy can help them keep their homes and lower their total monthly debt burden. For specific advice regarding your situation, call one of our highly experienced Charlotte bankruptcy attorneys today.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is Chapter 7 Bankruptcy?”

A Chapter 7 bankruptcy that was filed in 2003 has finally ended 15 years later. The Great Northern Paper Co. filed for Chapter 7 bankruptcy in 2003 and Chief Judge Peter Cary of the United States Bankruptcy Court for the District of Maine has ordered that the proceeding be closed within 30 days, according to Bangor Daily News. The trustee submitted a certification that the assets of the estate were accounted for and requested that the court discharge the company from other debts and duties.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What are North Carolina’s exemptions?”

When you think of emotional distress claims, you understandably think of them in a personal injury context. The term is almost always associated with car accidents or workplace injures, something where someone also suffers physical harmed. Though it’s true that emotional distress exists primarily in the personal injury world, a recent case decided by the U.S. Court of Appeals for the Third Circuit demonstrates that emotional distress can sometimes involve bankruptcy proceedings.

Bankruptcy Lawyer Bryan W. Stone answers the question: “Do I need an attorney to file bankruptcy?”

A recent article in the Milwaukee Journal Sentinel discussed a strategy used by some landlords in the city to avoid paying fines: repeatedly filing for bankruptcy protection. The practice is used by those landlords who the city is trying to come after for providing substandard housing to tenants. By filing for bankruptcy protection, the landlords avoid paying mounting fines and are able to shield their property from being seized by the authorities. The article focused on the actions of one landlord who is an especially egregious abuser of the bankruptcy system.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What are the pros and cons of bankruptcy?”

A federal judge in New Jersey just reminded us of the power the Internal Revenue Service can retain over us all, even in bankruptcy. The judge recently threw out a defunct law firm’s lawsuit that accused the IRS and Treasury Department of illegally trying to collect taxes during a bankruptcy proceeding. Although the person bringing the lawsuit was an attorney, he apparently lacked the sufficient bankruptcy law experience to successfully protest the IRS’s oversteps, highlighting the dense and difficult nature of the bankruptcy process.

Bankruptcy Lawyer Bryan W. Stone answers the question “Does Bankruptcy stop foreclosure?”

One of the most important aspects of the bankruptcy process, at least for those eager to end the harassing calls from collectors, is the automatic stay. The automatic stay serves as an immediate (though temporary) stop to the vast majority of debt collections. Though the automatic stay is powerful and can be a welcome relief to many bankruptcy filers, there are limits to what it can do. To find out more about the automatic stay, keep reading.

Bankruptcy Lawyer Bryan Stone answers the question: “Can I keep my house if I file bankruptcy?”

There’s been a recent push by some legislators to further reform the bankruptcy process. The argument is that the system has too many loopholes that can be exploited by those eager to game the system. Though the overwhelming majority of bankruptcy filers are honest and only move forward with seeking bankruptcy protection as a last resort, it is true that occasional bad apples can be used to spoil the bunch. One example of a bad apple is a man from Florida who spent more than a decade using the bankruptcy system to live rent free by continually putting off foreclosure attempts.

Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “What is Chapter 11 Bankruptcy?”

A suburb of Louisville, Kentucky announced that it was seeking Chapter 9 bankruptcy protection this week, an attempt to save the city from mounting interest and fees associated with a judgment it is unable to pay. City administrators say they are using the bankruptcy as a chance to buy time, suspending payments to creditors, in the hopes of creating a new plan and readjusting debts to a more manageable level.