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

Property Damages In Personal Injury

In many personal injury cases, there are damages to property. Clients commonly ask whether the law firm will be paid out of the proceeds for property damages in personal injury claims.You Have A ChoiceWhile the standard personal injury…
Chris Layton

Damages In A Personal Injury Case

While your attorney will do the work putting together your demand, it’s important to have a cursory understanding of damages in a personal injury case. Depending on the type of behavior that led to the injury, the damage claim will differ…
Chris Layton

Personal Injury And Finances

My work as a bankruptcy lawyer in Charlotte, NC has led me to many personal injury cases. Oftentimes, it is a personal injury sustained through a car accident, a slip and fall, medical malpractice which is the root cause for financial trouble.…
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…
Chris Layton

Keeping A Business In A Chapter 7

Many clients of mine are small business owners. While they are facing difficult financial times now, their hope is that their small business will turn the corner and turn a profit down the road. While every case is unique, typically, you…
Chris Layton

The Benefits of Chapter 13 Bankruptcy

If you are considering filing bankruptcy, your attorney should discuss both Chapter 7 bankruptcy and Chapter 13 bankruptcy with you. While both result in a discharge, the paths taken to get there are quite different. A Chapter 7 is a fast, clear-cut…
Chris Layton

Getting Started With Bankruptcy -- It Only Takes A Phone Call

Arguably, making that initial phone call is the hardest part about bankruptcy. Automated credit reports, computers and email have made the process of putting information together much easier than in the past. What they haven't taken away is…
Chris Layton

How Long Does Bankruptcy Take?

Clients are entitled to clear expectations about the time frame for preparing and filing a bankruptcy. So when clients ask "How long does bankruptcy take?" I usually summarize with the information below. While there are some exceptions, the…