how to apply for bankruptcy without a lawyer nc

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can I file bankruptcy in North Carolina without a lawyer?

A North Carolina bankruptcy is a process you can navigate without an attorney, especially if you are filing Chapter 7, not Chapter 13. So, if you're willing to take the time and read up on what you'll need to do to get North Carolina bankruptcy relief without a lawyer, you're absolutely allowed to do so!

Can I file bankruptcy without a lawyer in NY?

Filing Without an Attorney Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.

Can a non-attorney petition preparer help me file bankruptcy?

You should check your court’s website before filing any documents. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

What are the North Carolina bankruptcy exemptions?

North Carolinians filing for bankruptcy have to use the North Carolina bankruptcy exemptions to protect their property. These exemption laws tell your creditors - and the bankruptcy trustee - that they cannot touch your furniture (including appliances), household goods, clothes, books and similar items if it's altogether worth less than $5,000.

What does it cost to file bankruptcy in North Carolina?

If you file a Chapter 7 bankruptcy in North Carolina, fees range anywhere between $1,500 and $5,000. If you're looking to file a Chapter 13 bankruptcy then fees typically run anywhere between (take a deep breath….) $4,000 and $6,000. These are standard fees.

What happens when you file for bankruptcy in North Carolina?

After Filing for Bankruptcy in North Carolina You'll turn over financial documents proving the statements in your bankruptcy paperwork. You'll attend the 341 meeting of creditors—the one appearance all filers must attend. You'll complete a debtor education course and file the completion certificate.

How long does it take to file bankruptcy in NC?

between four to six monthsIf you are filing Bankruptcy Chapter 7, you can expect the process to take between four to six months to receive a discharge. However, some cases may require more time, depending on the complexity of the case. To learn more about the process, speak to a Charlotte bankruptcy attorney today.

Do I qualify for bankruptcy in NC?

Here are some strong indicators to see if you might qualify for bankruptcy. Your debts total more than half your annual income. Your monthly income is below the median level in your state. It would take five years or more to pay off your debt.

What are the differences between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

What is Chapter 7 bankruptcy in NC?

A Chapter 7 bankruptcy, sometimes referred to as a straight bankruptcy, involves the sale of non-protected assets to pay off as much debt as possible and allows a debtor to have most debts dismissed such as credit card debt and medical bills.

What is NC debt relief?

North Carolina Resident Debt Relief. InCharge provides free, nonprofit credit counseling and debt management programs to North Carolina residents. If you live in North Carolina and need help paying off your credit card debt, InCharge can help you.

What debt is discharged in Chapter 13?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

How do I prepare for Chapter 7?

The first step to prepare for bankruptcy is to gather proof of your income. Copies of your tax returns and copies of proof of income for the past six months are required when you file a Chapter 7 case. To prepare for bankruptcy under Chapter 7, you must complete the Chapter 7 Means Test.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What can you keep during bankruptcy?

Exemptions allow you to keep a certain amount of assets safe in bankruptcy, such as an inexpensive car, professional tools, clothing, and a retirement account. If you can exempt an asset, you don't have to worry about the bankruptcy trustee appointed to your case taking it and selling it for your creditors' benefit.

What assets can you keep in Chapter 7?

Bankruptcy Exemptions: What Property Can you Keep In Chapter 7 Bankruptcy?Houses, Cars, and Property Encumbered By a Secured Loan. ... Household Goods and Clothing. ... Retirement Accounts. ... Money, Jewelry, and Other Property.

Can you file bankruptcy without losing your house?

The good news is that bankruptcy can protect your home, holding off a foreclosure. Chapter 13 bankruptcy is designed to allow you to keep your home, even if you are behind on payments. If you keep your house after filing for Chapter 7, the fact other debts are discharged should make it easier to pay your mortgage.

What assets can you keep in Chapter 7?

Bankruptcy Exemptions: What Property Can you Keep In Chapter 7 Bankruptcy?Houses, Cars, and Property Encumbered By a Secured Loan. ... Household Goods and Clothing. ... Retirement Accounts. ... Money, Jewelry, and Other Property.

How can I keep my house in bankruptcy?

Keeping Your Home in Chapter 7 Bankruptcy You'll be able to keep your house as long as you meet the following criteria: You're current on your house payments. You can protect all of your home equity with a bankruptcy exemption (see above). You'll be able to continue making your payments in the future.

What property is exempt in North Carolina?

You can exempt the following personal property in North Carolina: A total of $5,000 for clothing, household goods, furnishings, appliances, books, and the like, plus an additional $1,000 per dependent up to $4,000 total. (N.C. Gen. Stat.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

When You Might Not Need A Bankruptcy Attorney

If you have a simple Chapter 7, you will have a better chance of completing your case without a bankruptcy lawyer. The hallmarks of a simple Chapter 7 would include a:

File For Bankruptcy Protection As Soon As Possible

In North Carolina, creditors have a limited time to file a debt collection lawsuit against you. In most cases, the designated time is generally three years from the date of the last payment you made, per G.S. § 1-52. After the allotted time has passed, your creditors can still pursue payment using alternative debt collection methods.

We Handle Bankruptcy Cases In Marion Nc We Can Help You

Enormous debt can lead to anxiety and frustration that make everyday life challenging and stressful. Our lawyer can help you eliminate or greatly reduce your current financial burden with bankruptcy protection. Starting anew can relieve you of many debts and give you a clean slate.

When To File Chapter 7 Bankruptcy

There are several warning signs that you should be considering Chapter 7 bankruptcy. Five strong signs that indicate filing for Chapter 7 may be the right solution include:

Advantages Of Chapter 13 Bankruptcy

Most people thinking about bankruptcy will choose Chapter 7 if they qualify for it, because Chapter 7 is usually over in just a few months and it totally wipes out most debts. But Chapter 13 may be right for people who are overwhelmed by secured debt because it offers ways to:

Bankruptcy Chapter 7 Cost

One of the first things people inquiring about Chapter 7 bankruptcy ask is how much will bankruptcy, chapter 7 cost? There are a couple of different fees that you will be responsible for:

Ask Family Or Friends For Help

It’s hard to ask for help. You might feel uncomfortable telling your loved ones why you need the money. Many people find that when they ask for help, they have more resources than they ever thought.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

Why not file for bankruptcy without a lawyer in North Carolina?

The Noth Carolina Bankruptcy attorneys at Sasser Law Firm have seen this play out many times in North Carolina courts. Unfortunately, filing bankruptcy pro se is more difficult than just filling out forms. Errors associated with a pro se filing can come with real, lasting consequences.

What is Pro Se Bankruptcy Filing in North Carolina?

In North Carolina, or anywhere else in the country, individuals don’t have to hire a lawyer in order to declare and file for bankruptcy. A registered entity such as a corporation or LLC would need a lawyer. Individuals can choose pro se.

What Are the Risks of Filing for Bankruptcy Without a Lawyer

Do you know what form of bankruptcy will benefit you the most? You can read about the differences, but you may not be able to tell which will actually help you resolve your issues in the best way. Individuals file for either Chapter 7, Chapter 13, Chapter 11, or Chapter 12.

What Are Some Common Problems in Courts When Filing for Bankruptcy Pro Se

At Sasser Law Firm, we hope everyone who needs it uses bankruptcy effectively and to their own benefit. many people who file Bankruptcy pro se face serious problems.

Why Hiring a North Carolina Bankruptcy Attorney Is Probably Better Than Filing on Your Own

Hiring a qualified lawyer guarantees that your bankruptcy filing is done correctly, and you may even save money as a result. The US federal court website published a list of all the ways a bankruptcy lawyer can help you (and bankruptcy judges and court employees can’t).

Speak with a Bankruptcy Attorney in Cary, NC

Realizing your personal finances can’t be fixed without drastic steps is difficult. Filing bankruptcy pro se may feel like a smart financial choice, but don’t make the mistake of trying to work through your bankruptcy on your own. It could end up costing you way more in the long run. Contact Sasser Law Firm instead.

How to file for bankruptcy?

Most people find it worthwhile to get counsel. A bankruptcy attorney will help you: 1 qualify for the chapter of your choice 2 determine when it's time to file 3 help you keep the property you want 4 make sure you don't run afoul of fraud or other issues, and 5 explain when you can stop paying the bills you'll erase in your case.

How long does it take for creditors to stop bothering you after filing bankruptcy?

After Filing for Bankruptcy in North Carolina. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

What happens if an administrator disagrees with an exemption?

An administrator who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the administrator will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property. Example.

How long does it take for creditors to stop bothering you?

Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

Who will review the exemptions in bankruptcy?

Exempt your property carefully. The bankruptcy administrator (or " bankruptcy trustee " in most other states)—the court-appointed official assigned to manage your case—will review the exemptions. An administrator who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the administrator will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.

Can you lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

Is bankruptcy legal in North Carolina?

The bankruptcy process falls under federal law, not North Carolina state law, and it works by unwinding the contracts between you and your creditors—that's what gives you a fresh start. But North Carolina's laws come into play, too, in a significant way. They determine the property you can keep in your bankruptcy case.

Is bankruptcy legal representation expensive?

To some extent, legal representation can indeed be costly. To get quality representation, like most things, you'll need to pay for it. However, before you jump to any conclusions, you may find that it's more affordable than you think. Many consumer bankruptcy lawyers offer a free initial consultation.

Can you file a Chapter 7 case pro se?

Even if it looks like you will not have any non-exempt assets , filing a Chapter 7 case pro se is still a daunting task. Since your situation is somewhat out of the ordinary, your trustee will likely take special interest in your case, if only to ensure you have listed everything properly. The trustee may ask you for additional documents, like copies of tax returns, house papers, car papers, and bank account statements.

Do creditors look at your paperwork?

For the same reason, your creditors will often look more carefully at your paperwork. Keep in mind that the information you provide the court has to be complete and accurate . You will sign your paperwork under penalty of perjury, and later you will have to testify as to its accuracy under oath.

Can a debtor get a fresh start in bankruptcy?

No debtor in bankruptcy is left with nothing at the end of a case. In every state, a debtor is allowed to keep a certain amount and value of assets needed to get a fresh start. These are called exemptions, and the amounts differ from state to state.

What happens when you declare bankruptcy in North Carolina?

When you declare bankruptcy in North Carolina, the automatic stay stops foreclosure, wage garnishment, and other adverse creditor actions. The state's property exemptions protect your house, car, and other key assets. While you're under the bankruptcy court's protection, you can repay debts on your own terms.

How much does bankruptcy cost?

Depending on the type of bankruptcy and some other factors, consumer bankruptcy filing fees are usually about $350. Installment agreements and fee waivers are sometimes available. Professional fees vary as well. Sliding scales, as well as pre-and post-filing installment plans, are almost always available.

What are the consequences of bankruptcy?

Recently, the Supreme Court and the Consumer Financial Protection Bureau have given debt collectors more power than ever before. As a result, bankruptcy's automatic stay might be the only way to stop adverse actions like: 1 Wage garnishment 2 Foreclosure 3 Bank account levy 4 Repossession 5 Creditor lawsuits 6 Eviction 7 Lien placement

What is the purpose of the bankruptcy code?

Instead, “the principal purpose of the Bankruptcy Code is to grant a 'fresh start' to the 'honest but unfortunate debtor.'". Moreover, as outlined below, the law exempts (protects) most of your property. You have these rights under the law. But you still have to assert them throughout any legal proceeding.

What are the benefits of bankruptcy?

The Benefits of Bankruptcy. Fear can sometimes prevent us from making a good decision. Bankruptcy phobia is a good example. Board games like Monopoly give many people a fear of filing bankruptcy. Bankrupt Monopoly players must leave the game, and they have no hope of returning.

What is the income cutoff for Chapter 7 bankruptcy?

The means test applies in Chapter 7 bankruptcies. Your family's annual income must be below average for that household size. In North Carolina, as of November 1, 2020, that amount is $88,942. This figure is not set in stone for everyone. For example, it's more expensive to live in Raleigh/Durham, Winston-Salem/Greensboro, and Charlotte than in some other areas of the state. So, if you live in these areas, the income cutoff might be higher.

Which state has its own laws about property protections in bankruptcy?

Property exemptions, which are discussed below, are often governed by state law. North Carolina is a state which has its own laws about property protections in bankruptcy.