Find a Bankruptcy Lawyer in Raleigh, North Carolina

Find the right Bankruptcy attorney in Raleigh, NC

Bankruptcy in Raleigh, North Carolina is a court procedure through which a person or business who is unable to pay their debt is able to have some of their debt legally excused, or "discharged." This theoretically allows the debtor to move on with a clean slate. Of course, one should never view bankruptcy as a "get out of debt free" card, allowing someone to be relieved of their requirement to pay their debts just because they don't want to. It is meant to serve as a lifeline, preventing uncontrollable debt from resulting in complete financial ruin. Accordingly, it is best treated as an option of last resort, because it can carry with it significant negative consequences, which must be weighed against the possible benefits. For example, filing for bankruptcy can heavily damage a person's credit rating.

Therefore, it is advisable to consult with an experienced Raleigh, North Carolina bankruptcy attorney, who can advise you of the costs and benefits of bankruptcy. Because the decision to file for bankruptcy depends very heavily on the facts of each individual case, the advice of a Raleigh bankruptcy attorney cannot be replaced.

Types of Bankruptcy in Raleigh, North Carolina

In Raleigh, North Carolina, there are 3 types of bankruptcy in common use: Chapter 7, Chapter 13, and Chapter 11. Because bankruptcy is a result of federal law, the procedures governing bankruptcy in Raleigh, North Carolina will be similar everywhere else in the U.S. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her property, and use the funds to pay creditors. While this doesn't sound like much of a relief at first glance, the upshot is that once the eligible property is sold, and the proceeds directed to the creditors, all of the debtor's eligible debts are deemed paid in full, regardless of how much the creditors actually ended up getting. Not all of the debtor's property has to be sold off - the debtor will usually be allowed to keep things like a house, at least one car, some types of personal property, retirement accounts, and insurance policies. It should be noted that some debts are not dischargeable, and will have to be paid in full even if the debtor files for bankruptcy. This includes student loans, taxes, and criminal fines.

Under Chapter 13 bankruptcy in Raleigh, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over a longer period of time, thereby theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. Chapter 11 bankruptcy is almost always used by businesses, but there is nothing that legally prevents it from being used by individuals, and its use by individuals is very rare. Chapter 11 bankruptcy requires the debtor to come up with a restructuring plan - telling the court how they propose to cut costs, fix their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.

One major advantage of Chapter 11 bankruptcy is that it allows businesses to continue their operations while the process plays out. Furthermore, their stock can still be bought and sold.

How Can a Raleigh Bankruptcy Lawyer Help?

Filing for bankruptcy in Raleigh is a very important decision, and should not be made easily. Before filing, one should consult with a seasoned Raleigh bankruptcy attorney for advice.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Raleigh

Raleigh is the capital of North Carolina and seat of Wake County. Raleigh is one of the three cities with Durham and Chapel Hill that's known as the "Research Triangle." It's known as such because North Carolina State University, Duke University and University of North Carolina Chapel Hill make up the three major research universities. As you may imagine, Raleigh is home then to a number of students and outstanding professors who are known internationally for their expertise. You may not know that Raleigh also has both historical and cultural attractions.

Raleigh is founded in 1792 and named for Sir Walter Raleigh who was a famous aristocrat and explorer. The Downtown region of Raleigh is home to lots of attractions like the North Carolina State Capital, North Carolina Museum of Natural Sciences, and Museum of History. For history buffs who want to learn more about the City of Raleigh, the Raleigh City Museum in the historic Briggs Hardware Building on Fayetteville Street offers an unique view inside the growth and roots of the ever changing city. Peace College, Shaw University, Wake Technical Community College, and Strayer University are a few of the institutions of higher learning available. There are over 8,100 acres of park land in Raleigh. That even includes a championship BMX racetrack, botanical gardens, arboretum, and 22 staffed community centers.

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