The North Carolina Bankruptcy Information Blog

The days between Thanksgiving and Christmas had many people wondering where America’s lingering financial issues went as millions of shoppers returned to our nation’s stores, malls and gallerias en masse to take advantage of extreme sales (and savings) and, in doing so, generated the most successful Black Friday for retailers ever.

A new report found that, in fact, retailers seduced shoppers at record rates despite the sluggish economy. “The 3.4 percent increase in same-store sales reported by Thomson Reuters was better than expected — an optimistic sign in an ailing economy. Still, it’s unclear how often people will shop in the upcoming year, a factor that will depend more on whether they find jobs than on how much retailers innovate or drop prices.…

It would be inauthentic to blame every instance of bankruptcy on sudden life changes, such as a tragic illness or other life-altering emergency. The truth is, some bankruptcies are preventable.

However, we’re not judging. We know that timing plays a big part.

For example, let’s say one morning that you look at the pile of bills on the counter and say to yourself: “That’s it, I’m changing the way I handle money.” Then, the first thing noticed on your desk at work is a pink slip. That folks, is bad timing. And it explains a lot of personal bankruptcies.

What if you never you had that pile of bills?…

So, like a very large number of Americans today, you think bankruptcy is your best route out of the financial doldrums.  After all the credit counselors, self-help books and Craigslist charlatans, it’s likely that you’ve grown tired of the debt cycle. We understand. That is what brings a lot of clients to our offices.

However, how do you go about filing bankruptcy? And furthermore, is an attorney really necessary? Well clearly, we believe our role in the process is essential to people getting the most benefit possible out of filing. But sure, that’s our job, and we do get paid for it.…

A number of good things have emerged from the economic situation of the last several years. Recently enacted credit card reform will hopefully change the way we are treated by the industry responsible for so much of our country’s collective personal debt.

Mortgage modification, even with all its warts and scars, should eventually become an industry with real benefits to struggling homeowners. The quick roll out of federal plans and the pressure on banks to quickly create similar programs obviously led to a lot of frustrations. Still, when things iron themselves out, consumers stand to benefit.

Another recent instance of positive regulation has stemmed from the offices of the Federal Trade Commission (FTC).…

Ugh. Debt. These days most Americans are sick of hearing the d-word. And who can blame us? Americans are in more debt now than ever before. Avoiding debt seems impossible…there are so many things you can’t even do without credit cards or loans that we now take debt as a matter of course. Despite our negative feelings about debt, Americans want to repay what we owe. In fact, this noble instinct is what keeps some people from filing for bankruptcy when they desperately need to do just that. Not only are people afraid of having a negative impact on their credit scores (which in fact may already be in the basement), they also feel that the right thing to do is pay back debt.…

If you are facing some serious financial problems, a guess that you are short on cash is not much of a stretch. Some people hesitate to file for bankruptcy protection because they believe they need to hire a bankruptcy attorney, but think they won’t be able to afford one. While they are absolutely right about the first part–an experienced bankruptcy attorney is essential to a successful bankruptcy–they may be surprised to learn how affordable legal services can be. Still, like most good things in life, the assistance of a qualified bankruptcy attorney won’t come for free; so how can you pay for it?…

Brent T. White, a law professor at the University of Arizona, has a provocative new study out, “Underwater and Not Walking Away.” He points out that as many as 32 percent of all homeowners are ‘underwater’ on their mortgages – they owe more money than their houses are worth. The media has produced a series of articles decrying homeowners who simply stop paying on these ‘upside down’ mortgages as irresponsible and even obscene. In fact, White notes, less than three percent of people whose primary residences are foreclosed on are people who could have continued to pay their mortgages. There are no discernible difference in foreclosure rates in places where housing prices have dropped steeply.…

Before filing for bankruptcy protection, it is well worth your time to seek out alternatives. Here are a few you for you to consider:

You know what budgeting is, but maybe you haven’t given it serious thought.  If you are finding yourself squeezed every month as you try to make payments to your creditors, it is possible that some creativity and sacrifice can give you enough breathing room to build and execute an escape plan. Check with your employer to see if the company offers an Employee Assistance Program with financial counseling services, as they can provide guidance about possible options.…

It is a good idea to seek out alternatives to bankruptcy when such alternatives are in fact available. As you may have discovered, though, that can be a big “if” to overcome. So what kinds of alternatives are worth the trouble…and what alternatives are not all they are cracked up to be?

Budgeting your money, restructuring your debt, seeking better loans to replace your existing debt and selling valuable assets are all alternatives to consider if they are available to you…but that can be a big “if.” Budgeting your money may be impossible if even basic survival expenses are beyond your means; budgeting is an essential financial skill to master, but in some cases it may be too little, too slow or too late.…

The New Year is a few days away. And without doubt, millions of Americans will welcome 2010 with grand hope, desperate to put 2009 far behind them, the year the Great Recession took hold of our collars and shook us into submission. Unfortunately, many Americans will greet the end of the 2000′s first decade still in debt and financially directionless.

But that doesn’t have to be the case.

Bankruptcy, despite all you may think you know about it, can make 2010 the year you really start over, the year things become as you make them, the year you regain control.

The federal government is reporting that with 2009′s end, so goes the worst national economic era to strike the 50 states in decades.…

Making the decision to file is a difficult one. Choosing the right attorney is a pretty daunting task as well. Now that all that is done it is time to make and go to your first appointment.

Expect to be a little anxious. You are about to commit to a big lifestyle change. Just remember that this is a necessary step to being able to move on with your life and getting rid of all your financial troubles.

Besides your nerves, what else should you expect to see/ get in your first appointment with your bankruptcy lawyer?

You are going to go over your case.…

Does anyone else find it just a little ironic that the two most commonly used bankruptcy options are lucky number 7 and the unlucky number 13? You have to wonder just a little bit if that is fates way of trying to send you a little message…

There are actually six different types of bankruptcy which a person or corporation can file: 7, 9, 11, 12, 13, and 15. More often than not most people will just be looking at filing for either 7 or 13. The tricky part can be in figuring out which one is right for you.

The figuring out part is what you pay your lawyer for, but for something like this you are better off having enough knowledge to be considered dangerous- meaning you know enough to pose the right questions to your lawyer and understand what he or she is saying.…

If you are facing both bankruptcy and divorce, you might be wondering whether you should file bankruptcy before or after obtaining a divorce.

In most cases, you should file bankruptcy before divorcing.  Especially if you earn more than your spouse!  If you don’t file bankruptcy before getting a divorce, you might wind up having to pay all of the debt you and your spouse incurred during your marriage!  Or you could end up paying more in child support and alimony to make up for your spouse’s debt.  Regardless of who earns more, wouldn’t it be better to get rid of your debt rather than fighting over who pays for it when you go to divorce court?  A chapter 7 bankruptcy can get rid of some, even all, of your debt before going through the divorce, and will make your divorce case much simpler.  You may not know yet what your life will be like after your divorce, but at least you will know that your debts have been handled.…

Bankruptcy is often filled with as many financial ups and downs as it is emotional ones. A fear of an uncertain future, the unfortunate stigmas about having to file, and the very real dose of reality can certainly be downers.. There is no shame in feeling depressed about your financial struggles. Trust us, you are not the only person feeling that way.

Much like contacting an attorney and filing bankruptcy will eventually relieve your financial troubles, there are a lot of things you can do to stop the emotional setbacks you might face during or after the process.

Experts on happiness, or psychologists really, encourage people to find and explore “their passion.” Sounds corny, sure, but give it a shot.…

In the past 24 months, the American suburban landscape has been ravaged by personal bankruptcies. Expanded credit limits, inflated home prices and a false sense of security in everything material contributed to one of the worst financial landslides since the 1930s. Needless for some to say, a lot can be learned from the way so many of us treated our credit reports in the last few years.

To that end, the Institute for Financial Literacy (IFL) recently shared their thoughts on what our society can take from the thousands of bankruptcy petitions filed in 2008.Surprising the IFL was that this time around, people in higher education brackets were greatly affected by the downturn, as were those in higher income brackets.…

My parents filed bankruptcy when I was about fourteen. I remember being worried and a little frightened by the word “bankruptcy” and the unknowns surrounding the concept. But I also knew that it was not something my parents were entering into lightly and that every other option had been considered. It was the first time I really took notice of financial issues concerning our family.

They had bought a small business that seemed to be a melding of their passions and the promise of some freedom from the ‘rat race’ and anonymity of employee-hood. While they had a passion for the business, they were not very business savvy, and ended up being taken advantage of by many people they thought were loyal to them.…

When your debt problems get to be more than you can handle, an experienced bankruptcy attorney can be a real life-saver. Financial problems can split up spouses, fracture families, and generate a vicious cycle of stress that leads to greater financial problems that in turn lead to more stress–and so on, and so on. It’s important to know about bankruptcy and how the process can help you recover your life, but how will it work exactly? Every case is different, but the role of the attorney will be similar in each case, and understanding what a good bankruptcy attorney can do for you may help you understand how powerful bankruptcy law can be.…

The news sure sounds exciting, especially for those rebuilding after a bankruptcy or perhaps teetering on its edge. Economic statisticians, those in colorful bold boxes on morning stock report shows and even the country’s newspapers, long considered a haven for everything depressing, are reporting that the worst of the recession is over. Many are going so far as to say that we’re on our way up again.

Honestly, the numbers don’t lie. But they don’t tell the whole truth, either.

The last couple of months have seen the fewest number of jobs shed, according to those in Washington. National savings rates are holding steady and business productivity has climbed to its highest level in six years.…

We hear plenty about the dangers of gambling addictions. Perhaps this is because the compulsion to gamble doesn’t make sense to a lot of people, and it is always easier to vilify from a distance.  Or maybe it’s that gambling addictions seem dangerous because a gambler could lose everything in an instant.

By comparison, indulging in little purchases here and there seems rather tame. But even little purchases add up, and when you get a rush from spending, chances are you’ll spend more money and spend more frequently to continue to experience that comfort. Just like someone addicted to gambling, you could lose everything; it may not happen in an instant, but little warning signs ignored for years will add up and catch up eventually.…

One aspect of bankruptcy you don’t hear much about is what happens after you file. One of the steps that tends to be a little disconcerting for those who have just filed Chapter 7 or Chapter 13 is the “Meeting of Creditors.” It just sounds so intimidating, doesn’t it?

Truthfully, it isn’t.

Meetings of creditors take place a few weeks after your attorney has filed your case and you have provided him or her with your most recent income information and list of debts. The meeting is essentially an opportunity for every one with an interest to hear your case and accept or challenge its terms.…