Consumer Bankruptcy Lawyers in Asheville, North Carolina

Find the right Consumer Bankruptcy attorney in Asheville, NC

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 serious 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 governed by federal law and handled in federal courts, so the procedural and substantive rules involved in North Carolina are often the same as anywhere 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 Asheville, North Carolina bankruptcy lawyer beforehand.

Chapter 7 Bankruptcy in Asheville, North Carolina

There are 2 common types of bankruptcy in Asheville, North Carolina. They are known as Chapter 7 and Chapter 13 Bankruptcy. Chapter 7 liquidates some of the debtor's assets. It requires a certain percentage of the debtor's assets to be sold off to pay as much of his or her debt as possible. However, many types of property that most people own are exempt, meaning that they don't need to be sold. This often includes houses, vehicles, insurance policies, and essential personal items, like clothing. These assets are not available to creditors.

Once the non-exempt property is sold, the rest of the dischargeable debt is eliminated. Some types of debt, however, is non-dischargeable, including student loans, criminal fines, and others. If most of your debt in Asheville, North Carolina is not dischargeable, Chapter 7 may not be the best option.

Chapter 13 Bankruptcy in Asheville, North Carolina

Chapter 13 Bankruptcy in Asheville, North Carolina is very different from Chapter 7. Whether or not it is a better option is highly dependent on the facts of each individual case. Chapter 13 bankruptcy does not eliminate debt, it restructures it. This involves a court coming up with a new repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original agreements that created the debt in the first place. This creates a new payment structure, usually involving a single monthly payment, that the debtor should find manageable.

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

The answer to this question depends heavily on your individual situation. If you have enough steady income to manage a payment plan, and a lot of non-exempt property that you are unwilling to part with, Chapter 13 might be a good option. If you don't have much steady income, and most of your property is exempt, Chapter 7 might be better.

In any case, it would be a good idea to consult a local bankruptcy attorney in Asheville, North Carolina. Your attorney can make an educated judgment as to what your best option is, and advise you accordingly (of course, the choice to file for bankruptcy is ultimately yours).

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Life in Asheville

Asheville is located in Buncombe County, North Carolina. It is the eleventh largest city in North Carolina, with a population of around 83,393 people.

Some fun sites to visit while in Asheville include the Biltmore Estate, Blue Ridge Parkway, the Botanical Gardens at Asheville, Grove Park Inn, the North Carolina Arboretum, the Smith-McDowell House, Sliding Rock, Bent Creek, McCormick Field, and the Thomas Wolfe Memorial State Historic Site.

Some famous residents (past and present) include Brad Daugherty, Harry Anderson, David Holt, Paul Schneider, Brett Swain, Robert Pressley, Rashad McCants, and Andie MacDowell.

Top employers include the health care system, the school district, Volvo Construction Equipment, Wal-Mart, Ingles, Thermo Fisher Scientific, and Arvato Digital Services. Although no law firms are listed, Asheville is home to many practicing attorneys who aid residents with all their legal matters.

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