A bankruptcy blog containing useful information for anyone considering a Charlotte bankruptcy attorney.

Chris Layton

IRA or Retirement Withdrawals in Bankruptcy

One critical part of qualifying for bankruptcy in Charlotte, North Carolina is disclosing to the court your average income over the past six months, as well as your Current Monthly Income. Many individuals filing for Chapter 7 or Chapter 13…
Chris Layton

Can I File Bankruptcy in Charlotte, North Carolina?

As a Charlotte bankruptcy attorney, that’s a question I get asked quite often. Charlotte, North Carolina has a divisional federal bankruptcy as part of the Western District of North Carolina. In order to file bankruptcy in the Charlotte, North…
Chris Layton

Elderly Bankruptcy Options

A recent New York Times article regarding elderly bankruptcy makes some important points for those entering their ‘twilight years’ while facing financial difficulty.While there are no special considerations given to the elderly or senior…
Chris Layton

Can I Keep My Home In Bankruptcy

Yes. In fact, while you can most often keep a home in a Chapter 7 bankruptcy, a Chapter 13 bankruptcy has as one of its best qualities, the ability to get ‘caught up’ on your mortgage over time.My Home In Chapter 7In a Chapter 7…
Chris Layton

Tax Returns and Bankruptcy

It’s that time of year again. My office receives numerous emails and phone calls each week specifically asking about tax returns and bankruptcy. Mainly, clients want to know whether they can file bankruptcy prior to getting a tax refund, and…
Chris Layton

Exemptions In Bankruptcy

Exemptions in bankruptcy are used to protect property that the client owns or recently sold or transferred. Planning to use exemptions in bankruptcy may dictate waiting a little bit to file, depending upon the value of the asset or the type…
Chris Layton

Keeping Your Car In Bankruptcy

Keeping your car in bankruptcy is important, especially if it’s a reliable car and you’re looking forward to the day you pay it off. Fortunately, the rules of bankruptcy typically allow for you to keep your vehicle and successfully file…
Chris Layton

Withdrawals From IRA or Pension Plans

While a withdrawal from a pension plan or IRA may be taxable income, they typically do not cause a problem in filing a bankruptcy. Regarding whether continued withdrawals should be included in income in a Chapter 13, clients can argue that the…
Chris Layton

Debt Collectors Arrested

In a story published by CNN here, it is being reported that the federal government is wielding a heavy hand when it comes to debt collectors. As a Charlotte bankruptcy attorney, I often hear the horror stories clients have regarding debt collectors.…
Chris Layton

Co-Debtors And The Automatic Stay

Clients frequently ask about what happens to their co-debtors in a bankruptcy. Fortunately, debtors and co-debtors benefit from the automatic stay in bankruptcy. There are a few considerations regarding co-debtors discussed below.Co-Debtors…