Best Bankruptcy Attorneys in Charlotte

Frequently Asked Questions

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

  The main office of the Bankruptcy Courts for Charlotte and North Carolina’s western district is: U.S. Bankruptcy Court Western District of North Carolina 401 West Trade Street, Suite 2500 Charlotte, NC 28202

  Its mailing address is at: PO Box 34189 Charlotte, NC 28234-4189.

  Its phone and fax numbers are 704-350-7500 and (704) 350-7503, respectively.

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

  The bankruptcy forms for Charlotte can be found here: https://www.uscourts.gov/forms/bankruptcy-forms.

• What are some bankruptcy exemptions that are allowed in Charlotte?

  Some exemptions that Charlotte and North Carolina debtors regularly use include: -Homestead exemption for personal and real residential properties up to 35,000 dollars (60,000 dollars for certain seniors); -Motor vehicle exemption up to 3,500 dollars for one vehicle; -Household goods exemption up to 5,000 dollars for household items, animals, musical instruments, and crops; -Wildcard exemption for any property up to 5,000 dollars. The purchase of vehicles, household goods, and wildcard properties should have occurred over 90 days before filing for bankruptcy.

• Who qualifies for a Chapter 7 bankruptcy in Charlotte?

  Charlotte individuals are qualified to file for a Chapter 7 bankruptcy if they did not have such a bankruptcy discharge in the last eight years, have low income, and have essentially non-consumer debts. The eligibility guidelines for who have a “low income” are the following: -One in a household: 48,722 dollars; -Two in a household: 62,050 dollars; -Three in a household: 69,102 dollars; -Four in a household: 87,505 dollars.

• How much should a Charlotte resident be in debt to qualify to file a Chapter 7 bankruptcy?

  No specific debt amount is required for Charlotte residents to file a Chapter 7 bankruptcy. Most of it should be consumer debt and pass the so-called “means test,” which looks at income, unsecured and secured debts, and household expenses to determine if the debtor has the "means" to pay some debts within a Chapter 13 bankruptcy case. If the majority of debts are "non-consumer," Chapter 7 eligibility is not connected to one's household income.

• How does a Chapter 7 bankruptcy case proceed in Charlotte?

  After filing a Charlotte Chapter 7 bankruptcy case, one of six rotating trustees handles the case review. Usually, trustees ask for copies of paperwork such as bank statements, tax returns, driver’s licenses, and social security cards. Afterward, the creditor meeting is scheduled approximately on a Wednesday, 30 days after filing. In this meeting, assets and debts are discussed. Discharge of eligible debts occurs within four months after filing.

• What are the requirements in a Chapter 13 bankruptcy case in Charlotte?

  A Charlotte Chapter 13 bankruptcy requires a Plan Summary of monthly payments and treatment of creditors. Among the paperwork they need are driver's licenses, tax returns, social security cards, bank statements, pay stubs, and domestic support documents. The creditor meeting happens near the South Park Mall at the Charlotte Chapter 13 office. Initial payment should have been made before this meeting. Furthermore, debt discharge occurs three to five years after all payments have been made.