North Carolina Bankruptcy Counseling
Since the 2005 Bankruptcy Act was passed, any future petitioners are
required to attend credit counseling at least six months before they
can file for bankruptcy. A financial management instructional course is
also required after bankruptcy has been filed, usually within sixty
days of closure. The 2005 Bankruptcy Act also requires that those
submitting for bankruptcy first complete a means test.
The means test will judge whether or not an individual qualifies for
Chapter Seven bankruptcy or will be required to file for Chapter
Thirteen bankruptcy. The bankruptcy court will compare an individual's
average income for a six-month time span to the median incomes for the
entire state of North Carolina. This test must be completed before
Those under the six thousand-dollar limit for a five-year span will
qualify for Chapter Seven bankruptcy. This is equal to paying one
hundred dollars or less a month. Those who can pay ten thousand dollars
or more over a five-year time span will qualify for Chapter Thirteen
bankruptcy. This is equal to paying one hundred sixty-six dollars or
more a month. Any individuals who fall in between six thousand dollars
and ten thousand dollars are normally subject to Chapter Seven
When preparing to file for bankruptcy individuals are required to
gather the proper paperwork. According to the new bankruptcy act these
include secured debts, income resources, property assets, property
possessions, unsecured debts, motor vehicle titles, real estate deeds,
loan documents, tax returns for the past two years, and financial
transactions over the past two years.
An attorney can help organize and gather all the needed material for
petitioning. He or she will also be able to know which properties can
be exempt from Chapter Seven bankruptcy and what will be noted as
non-exempt. Since bankruptcy laws have become more complicated in
recent years, more paperwork is required with more details. Even those
who have filed for bankruptcy in the past might have difficulty with
the new documents.
Once all the required paperwork has been submitted to the North
Carolina bankruptcy court, all accounts and creditors will be frozen.
No claims can be made and no foreclosures can be completed. This freeze
will alter when Chapter Thirteen payment begins.
Ways of Filing
Bankruptcy can be filed through an online database or in person with an
attorney. Online databases can offer attorney assistance or
do-it-yourself forms. No matter how a bankruptcy petition is filed,
nearly all bankruptcy forms are electronic for efficiency and speed.
North Carolina law states the importance of carefully filing and
including all the necessary information. If any document has been
omitted or the court finds that any information has been purposefully
falsified, the case will be dismissed.
Filing for bankruptcy is not free in North Carolina and requires
payment. Chapter Seven bankruptcy will cost two hundred seventy-four
dollars for filing. Chapter Thirteen bankruptcy will cost one hundred
eighty-nine dollars for filing. These fees cannot be waived, however,
they may be paid in monthly installments.