Articles Tagged with bankruptcy filing

Bankruptcy attorney Ben Tobey answering the question: When is it better to file bankruptcy instead of working with my creditors to settle my debts?

Throughout recent history, the American perception around filing for bankruptcy is changing.  While the decision to file for Chapter 7 or 13 bankruptcy is not one that should be taken lightly, the general stigma surrounding the decision is not as prevalent as it once was, and many Americans today understand that bankruptcy can be a strategic way to reorganize debt and give citizens a fresh start on their financial journey.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

If you are deeply in debt and considering a bankruptcy filing, you may be worried about the cost of filing for bankruptcy. While bankruptcy may help you get relief from your debt, you need to make sure that you can afford the filing fees and court costs.

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

Many debtors are concerned about how filing for bankruptcy would affect their chances of buying a house. Contrary to popular belief, assuming you would otherwise qualify, you will not have to wait a decade after a bankruptcy filing before you can buy a house. However, there are several things to do when purchasing a home post-bankruptcy.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is the means test?”

Filing for bankruptcy is a difficult decision to make. However, you may not be eligible to file for bankruptcy at all in North Carolina if you do not pass the means test. Under the means test, if your monthly income is less than the median income in North Carolina, you are eligible to file for Chapter 7 bankruptcy.

Bankruptcy attorney Ben Tobey answering the question: Will a bankruptcy filing stop a foreclosure?

Over 65 million Americans receive social security benefits to make both ends meet. If your financial struggles persist and there is a dark cloud of debt hanging over your head, you might consider filing Chapter 7 bankruptcy.

Bankruptcy Lawyer Bryan W. Stone answers the question: “Are my 401k and IRA protected in bankruptcy?”

There are many reasons to file for bankruptcy. It can give you a break if you are financially crushed by debt, it can stop creditors from taking aggressive collection measures against you, and it can give you invaluable time to gain control of your financial situation.

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

An emergency bankruptcy filing is not very different from what it sounds like. If you need to file for bankruptcy ASAP for whatever reason, an emergency bankruptcy filing might be the right choice.

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: “Will I lose my property if I file for bankruptcy?”

We all know what bankruptcy is intended for, to help people or companies get back on their feet financially by eliminating burdensome debts. The aim is to essentially wipe the slate clean and, by doing so, give hope for the future. When it comes to individuals and corporations, though it can be hard to finally take the step of filing, it’s good to know that the right to do so always (or almost always) exists. For other entities, particularly states, the debate isn’t about when to file, but whether filing is even legally possible.

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.

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