Question 1

Where do I file for bankruptcy in Winston Salem, North Carolina?

Accepted Answer

To file your bankruptcy case in Winston-Salem, you can head directly to the U.S. Bankruptcy Court in the Middle District of North Carolina, which is located in 601 W. 4th St. Winston-Salem, NC 27101.

Question 2

Where can I get bankruptcy forms in Winston Salem, North Carolina?

Accepted Answer

You can obtain a copy of your bankruptcy forms in Winston-Salem by requesting it directly at the U.S. Bankruptcy Court - Middle District of North Carolina. You can visit the address 601 W. 4th St. Winston-Salem, NC 27101.

Question 3

How frequently can you file for bankruptcy in Winston-Salem?

Accepted Answer

If you're thinking about filing another bankruptcy case in Winston-Salem, there are specific waiting periods or time limits to take into account. For instance, you will have to wait eight years to apply for another bankruptcy claim if you have already filed for Chapter 7 bankruptcy and received a discharge.

Question 4

What possible tax deductions are available for payments made under a Chapter 13 plan in bankruptcy cases in Winston-Salem?

Accepted Answer

If payments made through a Chapter 13 plan in Winston-Salem are for costs that would typically qualify for deductions, including mortgage interest or property taxes, they can still be tax deductible. However, it's important to speak with a tax expert or bankruptcy lawyer to see how these deductions relate to your particular situation.

Question 5

What are the advantages of consulting a lawyer for your bankruptcy case in Winston-Salem?

Accepted Answer

There are many benefits to hiring a Winston-Salem bankruptcy attorney. They can walk you through your options and help you choose the best course of action for your specific circumstances. Additionally, they will keep you informed every step of the way and give you plenty of time to decide how you want to go with your finances and future.

Question 6

What is the difference between Chapters 7, 11, and 13 bankruptcy in Winston-Salem?

Accepted Answer

Just like other cities and states, Winston-Salem offers three types of bankruptcy claims. Chapter 7 bankruptcy allows for the complete discharge of unsecured debts, giving you a fresh financial start. Chapter 13 bankruptcy enables you to design a repayment plan to progressively pay off a percentage of your obligations over a period of three to five years, while Chapter 11 gives relief for corporations or individuals with significant revenues.

Question 7

If you declare bankruptcy in Winston-Salem, will your creditors still be able to go after you?

Accepted Answer

No, after you file your bankruptcy case in Winston-Salem with the US Bankruptcy Court, all of your creditors are subject to an automatic stay. Due to this stay, no creditor may pursue debt collection or legal action against you, whether it involves repossession, foreclosure, legal actions, or wage garnishments. As a result, your debt collectors are forbidden from harassing you or getting in touch with you.

Question 8

What does a bankruptcy attorney do?

Accepted Answer

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

Question 9

What happens when you file bankruptcy?

Accepted Answer

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Question 10

Can you file bankruptcy on student loans?

Accepted Answer

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

Question 11

What is bankruptcy fraud?

Accepted Answer

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

Hiding assets by transferring them to another person or entity
Intentionally omitting assets when reporting to the court
Destroying or withholding required documents
Knowingly making false statements to bankruptcy trustees or creditors

Question 12

How long is bankruptcy on public record?

Accepted Answer

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Question 13

Does bankruptcy clear tax debt?

Accepted Answer

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

Federal income tax debt related to current properly filed tax returns
Honestly incurred with no fraud or evasion
At least three years old
Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.

Question 14

Can they take my car in Chapter 7 bankruptcy?

Accepted Answer

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

Question 15

How bad is it to file bankruptcy twice?

Accepted Answer

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Question 16

Can anyone file bankruptcy?

Accepted Answer

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

Question 17

How will bankruptcy affect my credit score?

Accepted Answer

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

Question 18

What are the benefits of filing for bankruptcy?

Accepted Answer

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

Question 19

What's the difference between debt settlement and bankruptcy?

Accepted Answer

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

Attorney Names	Bar Status	Experience
Rodney Guthrie - Partner	Active	43 yrs
Joshua Bennett - Partner	Active	19 yrs
Elizabeth Lawson - Associate	Active	4 yrs
Mitchell Blankenship - Associate	Active	7 yrs
Richard Bennett - Partner	Active	49 yrs

Attorney Names	Bar Status	Experience
Joseph Orenstein - Partner	Active	11 yrs
Jason Grubbs - Partner / Founding Member	Active	20 yrs
Joseph Coltrane - Partner	Active	46 yrs

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Frequently Asked Questions

Where do I file for bankruptcy in Winston Salem, North Carolina?

Where can I get bankruptcy forms in Winston Salem, North Carolina?

How frequently can you file for bankruptcy in Winston-Salem?

What possible tax deductions are available for payments made under a Chapter 13 plan in bankruptcy cases in Winston-Salem?

What are the advantages of consulting a lawyer for your bankruptcy case in Winston-Salem?

What is the difference between Chapters 7, 11, and 13 bankruptcy in Winston-Salem?

If you declare bankruptcy in Winston-Salem, will your creditors still be able to go after you?