Filing Bankruptcy In Charlotte

Federal bankruptcy laws determine whether filing bankruptcy in Charlotte is appropriate. More specifically, this is the U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte office .

180 Days Test

Generally, a bankruptcy case (except a case under chapter 15) may be filed in any federal district court containing the debtor’s “domicile, residence, principal place of business . . . or principal assets in the United States . . . for the one hundred and eighty days immediately preceding” the filing of the case. The debtor may also file for bankruptcy in the district in which a case is pending concerning any affiliate, general partner or partnership of the debtor.

If you work in the geographic area the Charlotte office serves, or own property in that same area, you can also file in Charlotte.

Do I Need An Attorney To File?

An attorney is not required, in order to file bankruptcy. That being said, there are numerous pitfalls to filing bankruptcy which an experienced and knowledgeable bankruptcy attorney can assist with, if you are filing bankruptcy in Charlotte. These relate to claiming exemptions on property you own, to backing out non-filing spousal income not contributed to the household.

You will also need to complete a bankruptcy petition to submit to the court. The petition can be admittedly confusing. Quite often, individuals begin with the intention of filing themselves and then ultimately turn the file over to an attorney when the going gets rough. There’s nothing wrong with giving it a look on your own, though, to see if you’re up to the task. You can find forms at the U.S. Bankruptcy court website HERE.

How Long Does It Take?

It typically takes about 100 days from the day you file, to receive a discharge in bankruptcy.

Most of the time and energy involved in filing bankruptcy in Charlotte relates to gathering information and preparing the bankruptcy petition. Generally, you’ll need to gather information on the last six months of income, the value of your assets, and your expenses. The bankruptcy attorney will organize this information and disclose it according to the federal rules of bankruptcy.

Once the petition is filed, all creditor attempts to collect on debt are halted as a result of the Automatic Stay in bankruptcy. A few days after filing, your creditors will receive notice of the bankruptcy and you will receive a date for your brief 341 meeting of creditors. This is a short meeting held in the presence of your attorney and the bankruptcy trustee.

The trustee may request a few documents after the meeting—bank statements, perhaps a request to have your vehicle appraised at Carmax. Generally speaking, these requests are not complicated and your bankruptcy attorney can prepare you ahead of time for having information ready to provide to the trustee.

After the 341 Meeting, there is a period of about thirty to forty-five days where the trustee will review the file. The trustee will then enter a report of no distribution, which is a successful outcome. On the heels of this, the bankruptcy court will issue a discharge. There is nothing for you to do, and the case is closed.

Fees For Filing Bankruptcy In Charlotte

For a Chapter 7 bankruptcy filing, every attorney’s fees are different. The bankruptcy fee must be paid in full any time prior to the filing of the petition. Typically, the attorney and client work together to prepare the bankruptcy petition while the client works to gather the fee prior to filing. When the attorney is ready with the petition and the client is ready with the fee, you’re ready to file.

If you have any questions about debt, collections calls, or bankruptcy, please call 704.749.7747 to speak with an attorney today. There is no obligation to file and the call is free—helping people understand their options is part of the job.