The North Carolina Bankruptcy Information Blog

@font-face { font-family: “Times”; }@font-face { font-family: “ＭＳ 明朝”; }@font-face { font-family: “Cambria Math”; }@font-face { font-family: “Georgia”; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0in 0in It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.

It’s also time for another great bankruptcy metaphor.

A personal bankruptcy can be just like a baseball game. Bankruptcy is ultimately an adversarial process during which there are many players on the field competing to achieve a fair and balanced result.…

It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.

It’s also time for another great bankruptcy metaphor.

A personal bankruptcy can be just like a baseball game. Bankruptcy is ultimately an adversarial process during which there are many players on the field competing to achieve a fair and balanced result. In the process, it’s important to understand all you can about each one—including their individual roles—in order to feel confident that you can win the game.…

In this additional online accompaniment to the Law Offices of John T. Orcutt website, we strive to cover much of the latest bankruptcy news as well as offer an insider’s guide of the ins and outs of the bankruptcy process. This includes a wealth of pre-bankruptcy considerations, a look at the intricacies of a bankruptcy filing, and sure-fire post-bankruptcy steps to get you back on the road to more financially-rewarding future.

But if you’re considering the benefits of bankruptcy for the very first time, there’s never been a better opportunity to get back to basics, with a simple overview of common bankruptcy law terminology that’s helpful to make any filing seem less daunting or confusing.…

There was very important bill passed this week in Washington.

No, not that one.

Attached to the monumental health care bill was a significant alteration to the way student loans are handled by the government.

We have covered this topic several times here on the blog (use the search tool), which is critical to those considering bankruptcy because as of now, outside of very special and rarely granted conditions, student loans are not allowed to be discharged.

Arguments have mounted recently about the role private banks have in backing federal student loans. The primary issue is that the government guarantees close to 90 percent return for the private lender who funds the loan.…

For so many years people have held the view that an education is one of the best investments you can make, and therefore it is prudent to spend whatever it takes to get the best education possible. It’s true that a college diploma will, on average, result in improved earning power for degree holders, and the improvement is often dramatic. Nonetheless, educations are so expensive that it’s impossible for most people to get one without taking out student loans. Even though the situation affects so many, it seems that nobody is out there is telling the whole truth. If the colleges and universities don’t do it, what could possibly motivate the student loan industry to mess with their own success in an enormously profitable field?…

Believe it or not, there are some situations when credit cards can be a benefit. They are often the only option when making travel reservations, and can come in handy in the event of genuine emergencies. A credit card can also help you build good credit, or rebuild credit after bankruptcy.

Yep, so that’s about four reasons. The reasons NOT to use credit can fill a book, but here are just a few situations in which using plastic seems like a good idea, but you’re much better off just saying no!

Department store credit accounts: notoriously high interest rates are just one great reason to avoid department store credit accounts.…

Liens can certainly throw a wrench in bankruptcy plans, especially for the unsuspecting. Unlike unsecured debts, which are simply discharged through a normal Chapter 7 bankruptcy, liens won’t be so efficiently eliminated with your filing. So what options do you have to at least address liens you can’t eliminate entirely?

One solution is to file for Chapter 13 bankruptcy rather than Chapter 7 and take advantage of some of the special privileges unique to that chapter. When you file for Chapter 13, you propose a repayment plan. Chapter 13 allows you to stretch out payments to creditors for the life of the plan, usually three to five years, and when it comes to a secured debt―that is, one where the lender holds lien on property that is acting as collateral to secure the interest― someone filing for Chapter 13 may be able to pay for only the value of the collateral rather than the total amount owed.…

Ah, the student loan: so easy to get now, so eager to overstay its welcome later. Student loans are notoriously difficult to shake. Defaulting on student loans is no joke: how’s this for a laundry list of potential consequences? You won’t be able to get any more student loans. Your credit will suffer as the lender reports missed payments. You could have your wages, up to an amount equal to 15% of your income, garnished (that is, the loan holder can go straight into your paycheck without bothering to pass through “Go”, i.e. you, before they collect $200). You can have your tax return money, both state and federal, intercepted.…

We all make mistakes, but some are more costly than others. So how costly is it if you forget to list a debt in your bankruptcy paperwork? There’s no need to panic; forgetting to list a debt isn’t the end of the world. However, depending on what kind of bankruptcy you file, it can cause some problems in your bankruptcy. Here’s a quick rundown of the different scenarios in which you might forget to include a debt and what the consequences might be if you’re not able to fix the problem.

Let’s look at Chapter 7 first. If you’re like 96% of people who file for bankruptcy under Chapter 7, your case is a no-asset case.…

But you must resist!

You’ve caught on to the fact that certain kinds of debts are “better than others.” Knowledge is a good thing, but don’t get confident that you’ll be able to pull a fast one by trading off a non-dischargeable debt for a dischargeable one. The consequences simply aren’t worth it. Here again is another great reason to count on an experienced bankruptcy attorney when filing your case; he will help you act strategically to maximize the benefits of bankruptcy while helping you avoid the pitfalls and mistakes.

Most loans are unsecured and will thus be discharged altogether in most Chapter 7 cases, and discharged after successful completion of the payment plan in a Chapter 13 bankruptcy.…

Try saying that title three times fast!

The right to an unconditional discharge of your debts is a cornerstone benefit of filing for bankruptcy protection. It would be nice if this right was limitless, but like all good things, the ability to discharge debt has some boundaries. Recent taxes, student loans, and alimony are just a few examples of debts which will not be discharged by bankruptcy. However, even within the broad class of non-dischargeable debts, there are two important categories: Priority and non-priority. The priority classification of the non-dischargeable debt will determine how the debt is treated in your Chapter 13 plan, and can make a huge difference in the ultimate success of your bankruptcy.…

It may sound a little silly, but do you know who your student loans came from? And do you know where they are now? Arriving at the answer is often not so easy as providing the name of your school or simply answering “the federal government”― even if all of your loans came from the federal government’s lending program. Apart from these two entities, a number of private lenders are also involved in the federal student loan game. In the federal student loan program, private lenders provide what are called Federal Family Educational Loans (FFEL), the schools provide Perkins loans, and the government, via the Department of Education, provides Federal Direct Loans.…