Best Bankruptcy Lawyers Asheville, NC

Asheville, NC Bankruptcy FAQs

• Where do I file for bankruptcy in Asheville, North Carolina?

  You can submit your bankruptcy petition in Asheville at the U.S. Bankruptcy Court for the Western District of North Carolina, which is located at 100 Otis Street, Room 112, Asheville, NC 28801-2611. You can also fax your petition to (828) 771-7311. For more information, you may visit https://www.ncwb.uscourts.gov/court-info/court-locations/trenton.

• Where can I get bankruptcy forms in Asheville, North Carolina?

  You can visit the official website of the Western District of North Carolina of the U.S. Bankruptcy Court (https://www.ncwb.uscourts.gov/forms) to obtain the forms that you need for your bankruptcy case in Asheville.

• Is it necessary to appear in court when filing for bankruptcy in Asheville?

  Yes, you must appear in court to speak with the bankruptcy trustee. Normally, this meeting will last longer than five minutes. Please note that this will be the only time that you will be summoned to court during a bankruptcy case in Asheville unless a problem with your case arises.

• Can you keep your property after filing for bankruptcy in Asheville?

  You can keep all your property after filing a Chapter 11 or 13 bankruptcy in Asheville since you are repaying the creditors under a court-approved plan. However, if you file for Chapter 7 bankruptcy, you can only keep the property exempt under the North Carolina Homestead Exemption and the assets that are subject to liens that you are already making payments on.

• What exemptions apply to bankruptcy cases in Asheville?

  Asheville provides various bankruptcy exemptions in accordance with North Carolina law. These include:

  • $3,500 for a car.
  • $35,000 in homestead equity.
  • $5,000 for a wildcard provision that can be used for other property.
  • $5,000 for household items. It's worth noting that these figures typically double for joint filers.

• What actions should you avoid after filing for bankruptcy in Asheville?

  There are various things that you are not allowed to do after filing for bankruptcy in Asheville:

  • Under Chapter 7, you cannot retain property required for debt discharge or miss payments to specific creditors to keep your home.
  • Under Chapter 11, you cannot sell assets or incur new debt without the court's permission.
  • Under Chapter 13, using your credit card, taking on additional debt, and signing contracts without court approval are all prohibited.

• Which types of debts are non-dischargeable in a Chapter 13 bankruptcy case in Asheville?

  In Asheville, Chapter 13 bankruptcy offers a few exclusions for debts that cannot be discharged. These exceptions cover alimony and child support payments, government-funded student loans, and long-term commitments such as mortgages. Other exemptions include debts resulting from hostile conduct and damages granted in civil lawsuits. It's good to be aware that these debts remain valid even after completing the Chapter 13 repayment plan.