Bankruptcy Law

Most people who find themselves in need of protection from the United States Bankruptcy Court do so as a last resort. Many of my clients are consumed by credit card debt, high interest car loans and medical bills. A majority of my clients are coming in because of emergencies such as garnishments, lawsuits, foreclosures and repossessions. Just as you are accessing this information online, the United States Bankruptcy Court for the Eastern District of North Carolina has become the leader in online case filings. I have the ability to file a bankruptcy petition on your behalf online. This is a very valuable tool for people facing:





The mere filing of your bankruptcy will, in most cases, stop any adverse creditor action against you until further order from the Court. So essentially, if you have a foreclosure pending, if you file for bankruptcy prior to the sale of your home, then it is very likely that the foreclosure sale will be eliminated. However, bankruptcy is much more complicated than just filing a petition. It requires a full and accurate disclosure of your financial affairs. A statement of your income and expenses and a list of all of your debts.

The two primary areas of bankruptcy are Chapter 7 and Chapter 13 bankruptcy. The right Chapter of bankruptcy will be discussed at your consultation. However, a release of all of your debts is not necessarily the relief that bankruptcy gives you. Many debts do not go away by filing bankruptcy. Some examples of those debts are:

•Student Loans

•Most Taxes

•Child Support Arrears

•Criminal Restitution

•Drunk Driving Related Accidents

Additionally, secured debts such as car loans and house loans are not Discharged unless you surrender, or give back the secured property. For example, if you want to be released from your mortgage, you would have to surrender the house. However, in most cases you are entitled to keep your secured creditors while continuing making monthly payments to satisfy the debts. This can be accomplished through a Court Approved repayment plan or through direct repayment. Your specific situation will determine the best way to resolve your financial obligations.

In addition to the above, you must disclose all of your assets. An asset is defined as anything you own or have an interest in. This even includes things you do not have presently but may acquire imminently, such as inheritance, tax refunds or life insurance proceeds. In North Carolina, things that you are allowed to keep are limited to certain exemptions. I will specifically advise you if there is a possibility of you losing an asset by filing bankruptcy during our consultation.

Finally, the Court requires you to answer 16 questions (for non-business debtors) regarding your financial affairs. Some of those questions deal with: •Previous years income

•Transfers or sales of property

•Gifts to Charities

•Locations of Safety Deposit Boxes

As a debtor, you are required to answer all questions on your petition truthfully and accurately under the penalties of perjury.

For more information about bankruptcy, check out our Virginia blog page. While some of the content is Virginia specific, you will be able to learn about the differences between Chapter 13 and Chapter 7 which are universal in every state.

  In North Carolina, crimes are broken into three categories. Felonies, misdemeanors and traffic infractions. Crimes are categorized by statute number. From speeding tickets to murder, every criminal violation is codified by statute. Additionally, the Code specifically lays out what category of crime a certain violation is by misdemeanor or felony.

The effects of convictions of criminal offenses can vary on your life. For instance, conviction of a felony will result in the loss of civil rights such as the right to vote, right to own a firearm and right to travel abroad. Whereas in a misdemeanor conviction, generally you maintain all of your civil rights, however some employers may discover your criminal record and employment may be frustrated as a result. Additionally, in either misdemeanor or felony cases, in addition to any jail sentence imposed, you may be subjected to probation via supervised or unsupervised means.

The federal system is categorized in a very similar scheme as the state system however it is a much more specific area of law. It is very difficult to make broad statements regarding federal criminal law, however if you are charged with a federal criminal offense, even if it is just a larceny charge while on a military base, it is very important that you meet with me to discuss your case. The time limits in federal matters are very small and every day counts. Whereas in a state proceeding, continuances are very common for good cause, in a federal prosecution it is very difficult to get your trial date continued, which by statute may be just 70 days after your arraignment date.

In my opinion, the hiring of criminal attorney is the most important decision any person can make. In many cases, a good criminal attorney can make the difference between an acquittal and a conviction. By following the rules of evidence, making appropriate pre-trial motions and being an effective advocate for the client, a good criminal attorney can substantial changed a perceived disposition of a case and make a lasting impression on an individuals life. Therefore, feel free to fill out the questionnaire form and make an appointment for either an online consultation or an in person consultation.Type your paragraph here.

Criminal Defense

Anderson & Associates

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