Consumer Bankruptcy Lawyers in Fayetteville, North Carolina

Find the right Consumer Bankruptcy attorney in Fayetteville, NC

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Bankruptcy is a court proceeding which lets a person or business have some or all of their debts discharged. It should usually only be considered as an option of last resort, because it can have significant long-term consequences, even if it can stave off financial disaster. This means that the costs and benefits need to be carefully considered before filing. Bankruptcy is controlled by federal law and handled in federal courts, so the procedural and substantive rules involved in North Carolina are often the identical as everywhere else in the U.S. However, individual bankruptcy courts have slightly different rules for items such as exemptions, so it would be a good idea to consult with a local Fayetteville, North Carolina bankruptcy Attorney beforehand.

Chapter 7 Bankruptcy in Fayetteville, North Carolina

There are 2 common forms of bankruptcy in Fayetteville, North Carolina. They are known as Chapter 7 and Chapter 13 Bankruptcy. Chapter 7 bankruptcy involves a liquidation of some of the debtor's assets, which pays off part of his or her debt. Once this is done, the remaining debt is discharged. Fortunately for debtors, many forms of property are exempt from liquidation, including homes, vehicles, essential personal items, and retirement accounts.

Once all non-exempt assets are sold, and the money from the sales turned over to the creditors, most remaining debt is discharged. But some forms of debt cannot be discharged through Chapter 7 bankruptcy. These include child support payments, student loans, and criminal fines, among others. If most of your Fayetteville, North Carolina debts are not dischargeable, you may want to consider options other than bankruptcy.

Chapter 13 Bankruptcy in Fayetteville, North Carolina

Chapter 13 bankruptcy in Fayetteville, North Carolina is markedly different. It may or may not be a better option than Chapter 7, depending on the facts of your particular case. Chapter 13 does not eliminate any debt, but it creates a new payment plan that should give the debtor some breathing room. Typically, all of the debts are consolidated into 1 periodic payment. While this may make it take longer to pay off the debt, if the debtor is willing to make a few sacrifices, the plan should be manageable.

Which Type of Consumer Bankruptcy Should I File in Fayetteville, North Carolina

Which Bankruptcy type to file under depends strongly on the facts of each individual case. If you have a stable stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a stable income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

Whatever your situation, you should speak with a local Fayetteville, North Carolina bankruptcy Lawyer. Your Attorney will be able to advise you of your options and their likely consequences, which will help you make a more educated decision.

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Life in Fayetteville

Fayetteville, North Carolina is a relatively large city with a population of over 200,000 residents. It serves as the county seat for Cumberland County, and is located in an area known as "the Sandhills". Fayetteville was named "one of the best places to retire" by Where to Retire magazine. The city is rich in early American history, as the U.S. Constitution was ratified in Fayetteville in 1789.

Military culture plays a large role in Fayetteville. The city is best known for its close proximity to Fort Bragg, a major U.S. Army outpost. In 2008, Fayetteville, North Carolina was officially named "The World's First Sanctuary for Military Families". Citizens and businesses of the city often demonstrate their support for the military through participation in volunteer groups.

Fayetteville also maintains several festive events every year. In particular, the Dogwood Festival in the spring and Christmas in the Park attract a large number of participants. These local gatherings showcase art displays, theater performances, and food vendors. Overall, Fayetteville is an ideal location for business, recreation, and residence.

Fayetteville, North Carolina lawyers are available to assist residents in a variety of legal matters. Fayetteville lawyers often represent their clients in the Superior Court of Cumberland County, which is located in the city.