Charlotte Bankruptcy Blog

Posts containing useful information for anyone considering a North Carolina bankruptcy lawyer.

Understanding the Differences between Chapter 7 and Chapter 13 Bankruptcy

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Bankruptcy can feel like a life raft when you’re drowning in debt. However, it’s not a one-size-fits-all solution. It’s a complex process with many facets, and thebankruptcy attorney Charlotte NC path you choose depends on your individual circumstances. For individuals in financial distress, two common types of bankruptcy are Chapter 7 and Chapter 13. Understanding the distinctions between these options can help you make informed decisions.

Chapter 7 Bankruptcy: Liquidation

Chapter 7 bankruptcy, also known as “liquidation,” is designed for individuals with limited income who cannot pay back their debts. It’s a faster process than Chapter 13, often completed within three to six months.

In a Chapter 7 bankruptcy, a court-appointed trustee will sell or “liquidate” your non-exempt assets to repay your creditors. North Carolina, like all states, has its own list of exemptions that include things like a portion of the equity in your home, a certain amount of personal property, and more.

It’s important to note that Chapter 7 bankruptcy doesn’t discharge all types of debt. Obligations such as child support, alimony, most student loans, and certain tax debts remain your responsibility even after the process is complete.

Chapter 13 Bankruptcy: Reorganization

Chapter 13 bankruptcy, or “reorganization,” is designed for individuals with regular income who can afford to pay back a portion of their debts through a repayment plan. This plan typically lasts three to five years, and once you’ve made all your payments, your remaining dischargeable debt is wiped clean.

Unlike Chapter 7, Chapter 13 allows you to keep all your property, including non-exempt assets, making it a viable option if you’re behind on your mortgage or car loan payments and want to avoid foreclosure or repossession. It also allows for the discharge of some debts that are not dischargeable under Chapter 7.

Making The Right Choice: Chapter 7 vs Chapter 13

Choosing between Chapter 7 and Chapter 13 bankruptcy depends on your unique circumstances. Your income, assets, debts, and long-term financial goals play a crucial role in this decision.

In general, Chapter 7 is a good fit if you have few valuable assets and little or no disposable income. On the other hand, Chapter 13 would be more suitable if you have a regular income and want to protect your non-exempt property from liquidation.

It’s important to remember that while bankruptcy can provide a fresh start, it also comes with its drawbacks. It significantly impacts your credit and can stay on your credit report for up to ten years.

 

Seeking Legal Guidance

Bankruptcy law is complex, and every individual’s financial situation is unique. It’s in your best interest to consult with a skilled bankruptcy attorney who can help you understand the implications of filing for bankruptcy under Chapter 7 or Chapter 13, based on your specific situation.

A bankruptcy attorney in Charlotte, North Carolina, will be well-versed in the state’s laws and exemptions and can provide valuable guidance through the entire process. Contact The Layton Law Firm at 704-749-7747 for a free consultation, they can help assess your financial situation, guide you through the required credit counseling and debtor education courses, and represent you in court.

Conclusion

Deciding to file for bankruptcy is a significant decision that should not be taken lightly. Understanding the differences between Chapter 7 and Chapter 13 bankruptcy is the first step towards finding the path that suits your needs the best. A knowledgeable bankruptcy attorney can guide you through the complexities and help you start on the path toward financial stability.

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Which Type Of Bankruptcy Should I File?

Which Type Of Bankruptcy Should I File?

You have several options when choosing which type of bankruptcy to file. For most consumers and even small business owners, those choices come down to a Chapter 7 or a Chapter 13 bankruptcy. While a free phone consultation with our firm can most easily help you determine which type of bankruptcy you should file, this short article will help you begin to understand the difference between Chapter 7 and Chapter 13.

Understanding The Types Of Bankruptcy

A basic understanding of a bankruptcy filing is helpful in determining your options. For starters, the primary difference between a Chapter 7 and a Chapter 13 is that in a Chapter 7 your debts are discharged over a very short period of time. In a Chapter 13, you agree to a Chapter 13 Plan which consists of monthly payments you will make over a course of three to five years.

When I discuss Chapter 7 with potential clients, I make sure they know that because Chapter 7 is a complete discharge of debt, you must qualify for Chapter 7. We analyze your income and assets to determine if you qualify for Chapter 7. If your income is too high or if you have too many assets—or equity in those assets—then you may not qualify for Chapter 7. Or, you may qualify for Chapter 7 but in such a way that you should be prepared to either turn over an asset or pay the unexempt equity to the Trustee. You will be well aware of any potential for this scenario before you file the bankruptcy.

Good News Regarding Choosing A Type Of Bankruptcy

The good news is that if you do not qualify for Chapter 7, you can almost always qualify for Chapter 13. In my view, Chapter 13 was created as a compromise for debtors. It’s simply not fair that if you don’t qualify for Chapter 7, you should not be entitled to any debt relief. As a result, Chapter 13 offers a different option. The compromise is that in Chapter 13 you commit to paying your creditors something—but not everything—over a three to five year period.

The Chapter 13 payment is often expressed as a percentage of your debt. In other words, in Chapter 13 you may be said to have a “10 Percent Plan”. This means you will pay approximately 10 percent of your unsecured debt over the five year Plan period. Upon the final payment, the remaining 90 percent of your debt will be discharged. While the Plan is expressed as a percentage, it is actually a function of your monthly budget. Our firm submits a budget to the court showing your monthly income, subtracting your monthly expenses, and any amount of money left over each month becomes the basis for your monthly payment in Chapter 13. That monthly amount, when calculated over the five year re-payment period, can then be expressed as a percentage. For instance, if you have $60,000 in unsecured debt, and you will pay $100 per month, you will pay $6,000 over a five year period. That is roughly a 10 percent Plan.

Common Triggers For Which Type Of Bankruptcy To File

There are some indicators which will push you in one direction or the other, when considering which type of bankruptcy to file. For instance:

  • Mortgage Arrears / Foreclosure – If you’re facing a foreclosure, or if you’re behind on your mortgage, Chapter 7 will not help you to manage that debt. If you wish to keep the house in bankruptcy, you will need to file a Chapter 13. The reason is that Chapter 13 is designed to FORCE YOUR CREDITORS to allow you to catch up on a mortgage over the five year re-payment period.
  • Vehicle Arrears – The same is true for a situation where you’re behind on a car payment. You can use a Chapter 13 to not only pay off the vehicle over the next five years, but also to slowly catch upon on the missed payments.
  • Excess Equity In An Asset – While bankruptcy allows you “Exemptions” to protect some or all of your property, there are times when you have too much equity in one or more assets. This may make a Chapter 7 an impossibility. Chapter 13, alternatively, allows you to file for bankruptcy. The compromise is that over the five year re-payment period, you must pay your unsecured creditors an amount equal to or exceeding the unexempt equity in your combined assets. An example would be a vehicle which has $10,000 in equity. You can exempt $3,500 of the equity with your vehicle exemption. That leaves $6,500 of “unexempt” equity. So long as your Chapter 13 plan pays your unsecured creditors at least $6,500 TOTAL over the five year re-payment period, you can file Chapter 13.
  • Priority Debt – Some debts take priority in bankruptcy. An example would be IRS debt which is less than four years old, or missed child support or spousal support payments. You can file a Chapter 7 with this type of debt, however, the debt will survive the bankruptcy. If instead you choose to file Chapter 13, the Chapter 13 Plan payments will be structured in such a way that when you finish Chapter 13 you are current on all priority debt. In the meantime, very little or NO INTEREST accumulates on those debts while you slowly repay. This can result in a savings of thousands of dollars for clients while giving them the breathing room of a five year period to re-pay.

Don’t Let Confusion Keep You From Moving Forward

If you’re asking “What type of bankruptcy should I file?!” don’t worry, we’re here to help. Often a quick phone call with our office can provide peace of mind that there are numerous options. And we can explain how each of those options work.

You can call us at 704.749.7747 or click to request a FREE CONSULTATION and you will speak with an attorney today. We know you have options. Recovery may be only a phone call away. We hope you choose to recover with The Layton Law Firm.

 

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What Happens To My Car In Bankruptcy?

What Happens To My Car In Bankruptcy?

If you own a car or lease a car, you will need to decide what happens to your car in bankruptcy. You have the choice to keep your car and the debt associated with it, or you can choose to surrender the car in bankruptcy. This means the car goes back to the lender, and the debt goes with it. There are one or two exceptions, which we will address. In summary, you can either keep the car and the debt, or ‘get rid of’ the car and get rid of (discharge) the debt.

How Can I Keep My Car In Bankruptcy?

If you want to keep the car in a Chapter 7, you will need to be current on payments by the date of your 341 meeting. You will sign a Reaffirmation Agreement with the lender, which will contain the same terms you had prior to the bankruptcy. The reason for the agreement is the filing of your bankruptcy technically relieves you of the obligation to repay the loan; however, if you want to keep the car, you will need to renew the agreement. The Reaffirmation Agreement accomplishes that.

If you want to keep your car in Chapter 13, you can do so. Your interest rate may decrease due to the interest rate set by the bankruptcy court. Additionally, if you have had the vehicle for more than 910 days, you may be able to lower the balance on the loan in Chapter 13, which can be a tremendous benefit.

How Do I Surrender My Car In Bankruptcy?

If you want to surrender the car and the debt, it is easy. We file your bankruptcy and reach out to the car lender to make arrangements for them to pick up the car or have you drop off the car in the alternative. The upside to addressing a car in bankruptcy is that you have options. Most clients are incredibly happy with the results of bankruptcy including the ability to have flexibility regarding vehicles. The rules of bankruptcy heavily favor the debtor—the person filing—and as a result, if you would like to keep a vehicle while discharging all unsecured debt, it is almost always an option.

Speak With A Bankruptcy Lawyer Today

If you would like to speak with us about what happens to your car in bankruptcy, you can request a free consultation. Just call 704.749.7747 or click HERE to request a time to talk. We know you have choices. We hope you choose Layton Law.

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Default Judgment – What To Do

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Default Judgment – What To Do

If you received notice of a default judgment, it most likely means that a creditor successfully filed a lawsuit against you and obtained the judgment in your absence. This judgment is just as valid as a judgment obtained in your presence. If you feel the default judgment was improperly obtained against you, you can file a motion to nullify or void the judgment. If you’re successful, the creditor will have to start the process over from scratch. However, if the debt is a valid debt, the creditor will prevail in a new lawsuit. In most cases, it is simply best to start analyzing your options in addressing the debt.

What Creditors Can Do With A Default Judgment

Once a creditor has a default judgment, they can start judgment execution. This is simply the process of using the North Carolina statutory rules for collecting on a judgment. You will know when a creditor is attempting to execute on their judgment because you will receive a Motion To Claim Exempt Property form. You have 20 days to respond to this form or you lose your right to protect or “exempt” property from the creditor. It’s important you follow the rules when submitting the form, and we can assist with this process.

After the 20 days passes, the creditor can request that the clerk of court issue a Writ of Execution. This is simply a document which directs your local Sheriff to attempt to seize property from you which is not exempt. This includes bank accounts, cars, jewelry, or any other valuable assets. The Sheriff will then proceed to sell the items in accordance with the statutory procedures.

What Are My Options In Fighting A Default Judgment

As mentioned above, appealing the judgment is an option, but not one which usually ends with a different result. Your two primary options are to engage in debt settlement with the creditor, or file a Chapter 7 or Chapter 13 bankruptcy to discharge the debt along with most other debt you have. Whether to settle the debt or file bankruptcy is both a personal decision and a financial decision. While our firm routinely orchestrates debt settlements for clients, there are some situations where financially speaking, a bankruptcy is a much better option.

Consult With A Charlotte Bankruptcy Lawyer

If you received a default judgment, you should not delay. Reach out today to request a free consultation. We will help you understand your options, the most likely outcomes, and make a decision as to how to move forward. We know it’s a stressful time. We have seen countless clients gracefully address debt situations and make a full financial recovery—your financial future is bright. We hope you choose to recover with us.

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Bankruptcy Filings Increase 10% In August

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Bankruptcy filings for all Chapters (Chapter 7, Chapter 13, Chapter 11) increased in July of 2022, as compared to July of 2021. A recent article by Epiq Bankruptcy indicates that increased interest rates, supply chain concerns, and inflation are the primary reasons behind the increase.

Our firm has also seen an up-tick in consultations for bankruptcy as well as bankruptcy filings. This spans across business bankruptcy and personal bankruptcy. Additionally, our representation of clients for debt settlement has also increased in the past few months.

The Good News About Bankruptcy Filings

While increased bankruptcy filings are nothing to celebrate, we take the view that consumers and business owners alike are realizing that filing a bankruptcy is an strategic economic move that can be made to eliminate hundreds of thousands of dollars in debt at a very small cost, comparatively.

Speak With A Charlotte Bankruptcy Lawyer

If you would like to speak with a Charlotte bankruptcy lawyer about your options or have questions about bankruptcy filings, please call us at 704.749.7747, or request a free consultation and we will reach out to you shortly. There are typically multiple options for individuals which result in the financial freedom you deserve.

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Hard Money Lenders And Debt Settlement

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Debt Settlement With Hard Money Lenders

Hard money loans serve a very specific purpose and fall under alternative lending. They provide cash quickly. Typically, they are used for a real estate investment or some other investment where the investor expects a return in excess of the principal and interest charged by the hard money lender.  When the investor reaches a crossroads and can’t make the monthly payments, one option is debt settlement with the hard money lender.

In exchange for a loan without a minimum credit requirement and a quick closing time, investors can expect a hard money lender to charge high interest rates and to pursue the investor aggressively if they stop making payments. Much like a perfect storm, the conditions may align such that the lender employs an attorney to file a civil lawsuit against the investor in hopes of obtaining a judgment in favor of the lender. With the judgment in place, the lender has much greater power to collect, including wage garnishment, bank account garnishment, and attaching to assets like real property. If you receive a Notice Of Right To Claim Exemptions form or a Writ of Execution, you need to act urgently to respond to it.

Debt Settlement Attorneys And Hard Money Lenders

Our firm routinely settles debts with hard money lenders and more traditional lenders like credit unions and credit card companies. Because we are a bankruptcy law firm handling Chapter 7, Chapter 13 and Chapter 5 filings, we can assess all of your options before reaching out to the hard money lender on your behalf. This assessment will serve you well in negotiations with any lenders but particularly with hard money lenders. If a lender knows that a debtor is considering bankruptcy, their willingness to negotiate almost always increases. Debt from hard money lenders is dischargeable in bankruptcy like any other unsecured debt. When your lender is faced with the possibility of receiving nothing in a bankruptcy filing, your settlement offer often becomes more enticing to the lender.

The Debt Settlement Process

After reviewing the loan documents—if available—and the history of payments, our firm will make initial contact with any lender with which you would like to negotiate. If a lawsuit has been filed against you, we can request a routine extension for time to answer the lawsuit, which will give us time to negotiate the debt. In most cases you do not ever have to make a court appearance.

The negotiation process is different with each lender, but we keep you informed every step of the way, and the ultimate decision to settle or not is always yours. If a settlement can be reached, we assist in facilitating payment and obtaining paperwork regarding settlement of the debt. If a lawsuit has been filed in the matter and we are able to resolve it, we make sure the court system is notified of the settlement and all records are updated.

Debt Settlement And Your Credit Score

While we are not credit score experts, we can request the lender report the debt settlement in a favorable way regarding your credit score. Most lenders are bound to very specific reporting of settled debts; however, almost all of our clients understand that by taking a few simple steps to improve their credit, they can out-weight any negative ramifications of having a settled debt show on their credit report.

Speak With A Debt Negotiation Lawyer Today

If you are dealing with an aggressive hard money lender and wish to speak with an attorney regarding debt settlement, we are happy to assist. The initial consultation is free, and you will come away from the phone call with a firm understanding of your options. To schedule a consultation, click HERE, or call us at 704.749.7747. We’re here to help.

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How Much Debt Do You Need To File Bankruptcy?

How Much Debt Do You Need To File Bankruptcy?

There is no set amount of debt needed to file bankruptcy. In deciding whether to file bankruptcy, we examine the amount of debt you have, the type of debt you have, and whether you qualify for Chapter 7 or Chapter 13 from an income perspective. This article seeks to address concerns surrounding “How much debt do you need to file bankruptcy?”.

Unsecured Debt

Unsecured debt is a debt that is not tied to any property. Common examples include credit card debt and credit “lines”. Unsecured debt is discharged in bankruptcy. When deciding if you have enough debt to file bankruptcy, you might consider the cost of filing bankruptcy as compared to what it would cost you to settle the debts with each creditor. Our office routinely assists clients with debt settlement when it makes more sense to settle the debt instead of file bankruptcy. Generally speaking, if you have more than $15,000.00 of unsecured debt and you do not have the ability to settle that debt or keep current on payments, you should consider a bankruptcy filing.

Secured Debt

Secured debt is a debt that is “secured” by a property—a car or home, typically. In a bankruptcy filing, you have the choice to either keep the secured debt (See: Keep Your Car In Bankruptcy) or discharge the debt. Keep in mind, the property travels with the debt. If you choose to keep the property, you keep the debt. If you surrender the property, the debt goes with it.

Upside Down Vehicles

Many clients are faced with a vehicle that is upside down. In other words, prior to bankruptcy, the value of the car is worth less than the loan balance. Trading the car in for a new car simply means carrying that negative equity into the new vehicle purchase. Bankruptcy offers a different solution. You can purchase a new car just prior to filing bankruptcy. Then, when you file the bankruptcy, you surrender the old car (and the old debt), and you are left with only the new car and the new car debt.

Creative Bankruptcy Solutions

You will find that much like the vehicle solution above; bankruptcy offers an opportunity to deal with your debt creatively. Chapter 13, which we discuss in greater detail in prior blog posts, also offers vehicle and home solutions ranging from stopping foreclosure to lowering your vehicle interest rate. Often, these solutions more than make up for the cost of filing bankruptcy.

Speak With A Bankruptcy Lawyer Today

If you have questions about “How much debt do you need to file bankruptcy?”, we are here to help. Call us at 704.749.7747 or click HERE to request a free consultation. You deserve to understand your options and we would love to speak with you.

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New Year’s Resolution — File Bankruptcy Now

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New Year’s Resolution – File Bankruptcy Now

If you are thinking that the only thing that could make this year worse than last year is to stay buried in debt, it is time to file bankruptcy. You deserve the fresh start that filing bankruptcy provides, and our office can help.

Both Chapter 7 and Chapter 13 offer amazing and powerful relief from creditors, in exchange for providing detailed information about your income and assets. Whether you are considering a Chapter 7 liquidation or a Chapter 13 reorganization of debt, our office can assist.

A Fast And Easy Bankruptcy Filing

When you file with our firm, we make a point of streamlining the process leading up to the bankruptcy filing. This means all of your documents can be submitted through our online portal, and documents can be signed electronically as well.

Generally, we will need tax returns, vehicle registrations, bank statements, and a few other documents in order to prepare your bankruptcy filing. If you are facing a foreclosure or vehicle repossession, we can file an emergency bankruptcy prior to obtaining that documentation. This halts the process and gives you immediate relief from creditors.

A Lawyer And Staff That Cares

Our firm knows the anxiety associated with financial stress, especially as jobless claims increase across the state. Our goal is to provide you relief from that stress. We know the bankruptcy filing will give you financial relief; however, you will find our compassionate and diligent approach refreshing. We know lawyers have a reputation for being ‘stuffy’. You will not find that at The Layton Law Firm. Instead, you will experience quality conversations, routine updates on your case, and you will come away with the confidence you need to start fresh.

Speak With A Charlotte Bankruptcy Lawyer Today

If you are ready to move forward or just have questions, we are here. You can reach us at 704.749.7747 or click HERE to request a consultation by phone. All consultations are free and answering questions is part of the job. We know you have choices. We hope you choose Layton Law.

 

 

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Does My Spouse Have To File Bankruptcy With Me?

Does My Spouse Have To File Bankruptcy With Me?

No, your spouse does not have to file bankruptcy with you. Whether you file individually or together will be a function of your income, assets, and debts. Our office will assist you with the decision-making process and weighing the pros and cons of a joint bankruptcy filing or an individual bankruptcy filing.

While it may make sense for both spouses to file bankruptcy, a qualified Charlotte bankruptcy lawyer will walk you through the options that suit your particular situation best. Typically, married couples hold debt in many different ways, so it makes sense to analyze the specifics of your situation before making a choice. Filing jointly may provide more debt relief, but there are other concerns to consider.

Let’s Talk Debts

If you and your spouse have separate debts, you may consider filing individually. When you file without your spouse, your debt is discharged, and your spouse’s debt survives the bankruptcy. If you have joint debt and one spouse files, the debt as to the filing spouse is discharged. However, it is important to note the non-filing spouse will still owe the entire balance on the debt. For this reason, many married couples choose to file a joint bankruptcy.

My Spouse’s Credit

One reason to file individually is to preserve the credit of one spouse. In cases where spouses do not hold debt jointly, this is typically a clear option. The filing spouse receives a discharge for the debt in his name, and the non-filing spouse retains her good credit, along with her debts.

North Carolina is not a Community Property state, so even where a married couple holds joint debt, if the non-filing spouse keeps payments current on her debt, her credit score will not be affected.

Does Income Matter?

Income plays a role in whether you have the option to file a joint Chapter 7, and income plays a role in the calculation of your monthly payment in a Chapter 13 bankruptcy filing. When both spouses file, all household income is included in the monthly budget. This affects your Means Test in Chapter 7, and your disposable income in Chapter 13. It is worth noting that all household expenses are also included in those calculations. The goal is to give the court an accurate picture of the household’s financial situation.

When considering whether one spouse should or should not file, income may play a strategic role. Even if one spouse is not filing, both spousal incomes must be included in the income column of the bankruptcy filing. However, any income the non-filing spouse spends on herself (i.e., does not contribute to the ‘household expenses’) can be deducted from this total. For example, if one spouse makes $7,000.00 per month, but gives $1,000.00 a month to help her parents, and contributes another $700.00 per month to a 401k plan, those items are subtracted out from the income totals. Once our office runs hypothetical calculations under both scenarios, the difference often helps dictate the filing strategy.

Ownership Of Assets

The rules of bankruptcy are unique. They do not always make sense, but they are generally predictable. Our firm is familiar with the court’s treatment of asset ownership in both Chapter 7 and Chapter 13. We will ask you who currently owns each family asset and whether those assets have been transferred recently. Quite often, we drive a vehicle believing it to be “our” vehicle, even though it may be titled in our spouse’s name. The same may be true of a home owned by a married couple. Determining who is on the deed to the property is of utmost importance in applying the bankruptcy asset rules to your case.

Many assets in a household are not titled. Generally, ownership of household assets is assumed to be owned 50/50 between spouses. However, if a large item was given as a gift, we may be able to categorize that item as yours or your spouse’s, depending upon the specifics.

Collections Attempts

In a Chapter 13 filing, the automatic stay is effective for the co-debtor on consumer debt. This means that if one spouse files and another does not, and they hold joint debt, even if they are not paying on that joint debt, creditors cannot pursue collections against either spouse. So the calls stop, and you get to preserve your credit at the same time. Not only that, but for joint debt, creditors cannot repossess property or foreclose on your spouse just because she didn’t file.

This automatic stay remains in effect until the bankruptcy is over. However, once the bankruptcy concludes, the creditor can resume attempts to collect against the non-filing spouse for those joint debts. At that time, the hope is that you’re able to make payments on that debt because of the relief the bankruptcy provides.

A Backup Plan

Another reason to have one spouse file is to provide a backup plan if you get into a spot where you cannot make your Chapter 13 payments. If the first filing is dismissed for non-payment, the non-filing spouse could consider filing a new Chapter 13 to get relief from creditors.

Do not Worry, Call A Lawyer

The good news is your bankruptcy lawyer addresses all of these potential hurdles for you, and in doing so provides for a smooth bankruptcy filing. Call us to speak with a lawyer today. We can be reached at 704.749.7747 or you can simply click HERE to request a call. For further reading, this ABI article on non-filing spouses may be helpful.

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Filing A Restaurant Bankruptcy

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Filing A Restaurant Bankruptcy

As Covid-19 rages on and restrictions for public gatherings ramp up, restaurants in Charlotte and the surrounding area—as well as the country—continue to feel the pain. Many restaurant owners indicate they are at a breaking point financially. During a time when sales are supposed to be highest and restaurants can make up for slower months, the exact opposite is happening.

We speak with small business owners every day regarding their financial predicament. This of course includes restaurant owners. What many small business owners are surprised to find out is that filing a restaurant bankruptcy can be the secret ingredient to future success.

Your Business Can Continue

The options in bankruptcy for restaurant owners have increased with the Small Business Reorganization Act. Together with Chapters 7, 11, and 13, most restaurant owners can find a bankruptcy solution that fits their particular needs.

The primary decision you will need to make is whether the business is going to continue to operate. If it is not, your bankruptcy lawyer will assist with the dissolution of the business in conjunction with the bankruptcy filing. If the business is going to continue, it can do so under either a Chapter 7, 13, or Small Business Reorganization. Chapter 11, an expensive bankruptcy option, is not usually required for a restaurant that is filing bankruptcy.

A recent article in the Philadelphia Inquirer makes specific mention of the concerned business owners have regarding continuing operations. Particularly, the article addresses the concern regarding dealing with suppliers. Typically, suppliers will continue to work with you; however, they may require you to pay COD until you prove yourself with them over time.

You Can Protect Your Assets

The bankruptcy code allows for assets to be exempted from creditors. The ability to preserve assets is different depending upon the Chapter you are filing, and your bankruptcy lawyer will work with you to determine your asset exemption needs when strategizing which bankruptcy route to take.

There are some assets that are exempt from creditors in bankruptcy in an ‘unlimited’ amount—401k and retirement savings, for example—so it is important to speak with a bankruptcy lawyer before you start depleting those assets to keep your business running outside of bankruptcy.

Speak With A Charlotte Bankruptcy Lawyer Today

If you own a small business or restaurant, we are here to help. Speaking with someone about your options not only helps ease the anxiety and fear you are feeling, but also provides you with clear direction regarding your options. We know you have put your life into the business; bankruptcy can help you save it.

To speak with an attorney, call 704.749.7747 or click HERE to request a phone consultation. All consultations are free and can be conducted over the telephone.

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