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Chapter 13 Bankruptcy
Aug 25, 2006
Condemnation action was excepted from the automatic stay, and the debtor was not entitled to a temporary restraining order to keep the county from continuing with the condemnation.
The county commenced a condemnation action in a state court after the debtor's bankruptcy proceedings had commenced. The debtor contended that the condemnation action was subject to the automatic stay imposed pursuant to 11 U.S.C.S. § 362(a).
Knudson v. Wachovia Bank, N.A.
Oct 04, 2007
State law tort claims were preempted by the Fair Credit Reporting Act.
Consumer sued defendant bank alleging claims for defamation, invasion of...
A former Chairman of the North Carolina Bar Bankruptcy Section, Dave is AV-rated by Martindale-Hubbell and annually selected to Best Lawyers in America, North Carolina Legal Elite and SuperLawyers.
Dave has recently been named to the Super Lawyers Top 100 Attorneys in North Carolina.
At the 2017 North Carolina Bar Annual Bankruptcy Institute, Dave received the Lifetime Achievement Award from his peers.
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Bankruptcy law allows debtors, who are unable or partially unable to pay outstanding debts, to rid themselves of these debts and obtain a fresh start. Both federal and state laws can affect a debtor seeking to file for bankruptcy, and an attorney can help you understand how state and federal bankruptcy laws apply to you.
If you are struggling with high debt, receiving calls from creditors or collection agencies, or facing foreclosure, garnishment of wages, or repossession of property, filing for bankruptcy may provide you with solutions.
Bankruptcy lawyers offer legal advice and services during a financial crisis. In total, there are six different types of bankruptcy. For persons seeking debt relief, one option is Chapter 7 bankruptcy, which provides for liquidation of the debtor's non-exempt assets. Another popular option for individuals is Chapter 13, which allows for management and reduction of debt through payment plans. Corporations and partnerships filing for bankruptcy often choose to file under Chapter 11, which provides for supervised reorganization of the business.
Experienced bankruptcy counsel can help you evaluate whether you should pursue a bankruptcy as well as the Chapter under which to file. Bankruptcy lawyers can also help end harassing phone calls from debt collectors and evaluate available legal options when facing a home foreclosure.
Automatic stay: An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activity against the debtor the moment a bankruptcy petition is filed.
Unsecured claim: A debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay, rather than on a special assurance of payment.
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