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Bankruptcy & Estate Planning Help For Everyday People

October 2019 Archives

The statute of limitations for unpaid debts in North Carolina

The statute of limitations is the amount of time that creditors have to take legal action to recover an unpaid debt. Once the time period allowed by the statute of limitations has passed, debt collectors can still try to collect monies owed, but they cannot file lawsuits against delinquent borrowers or garnish their paychecks. In North Carolina, the statute of limitations for automobile loans, installment loans, credit cards and promissory notes is three years from the date of the last payment or charge.

Discharging credit card debt through Chapter 13

Chapter 13 bankruptcy is one of the most useful tools that the law provides for individuals with debts they struggle to manage. Unlike Chapter 7 bankruptcy, Chapter 13 may not require sacrificing significant assets to discharge debt, instead allowing individuals with sufficient income to repay their debts through a court-approved repayment plan.

Bankruptcy is a fact-specific decision

The decision of whether to file for bankruptcy in North Carolina can be a difficult one, and it turns on the facts of the case. Every debtor's situation is different; a certain amount of debt in one case might call for bankruptcy while debt restructuring might be a better option in another case. Among the first things to consider are the broad financials, income, expenses, assets and liabilities. It's also important to be aware that many creditors have little incentive to settle debts.

Discharging student loans in a personal bankruptcy

Most college students in North Carolina and around the country will be in debt to the tune of thousands of dollars when they enter the workplace, and many of them will find it extremely difficult to make their required monthly payments. The nation's bankruptcy code was revised in 2005 to make student loan debt nondischargeable in most bankruptcy cases, but there is an exception to this general rule when continuing to make payments would impose an undue hardship on the petitioner.

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