July 16, 2019

Bankruptcy and Exempt Property: Common Mistakes

I have been practicing bankruptcy law for over forty years. This year I saw two cases in bankruptcy court illustrating the danger of hiring a so-called bankruptcy attorney who didn't understand the fundamentals of exempt property. First, a primer on exempt property I typically refer to property that creditors cannot reach as exempt property. Although there are many exemptions created by other … [Read more...]

Bankruptcy Specialist: Do I need one?

People choose bankruptcy lawyers based on many things, including their experience.  How do you choose the right one? While there are a number of Charlotte attorneys who practice bankruptcy law that are competent, if not at the highest level, to handle most bankruptcy matters, there are a few extremely capable bankruptcy attorneys in western North Carolina. Unfortunately, there are a number … [Read more...]

Bankruptcy and Undue Hardship Repaying Student Loans

Under the current bankruptcy law, student loans are not dischargeable in a bankruptcy. Whenever I say this I'm always asked about cases of "undue hardship." Experience has taught me that if the debtor is blind, deaf, mute, and is missing all four limbs, there is a small chance that the debtor can show undue hardship and thus have his or her student loans discharged in bankruptcy. In other … [Read more...]