Bankruptcy Attorney | Weik Law Office | Serving Raleigh, Durham, Cary, Chapel Hill, and Wake Forest, North Carolina

When a debtor files for bankruptcy, the debtor must list the county for his or her primary place of residence. In North Carolina, there are three basic bankruptcy districts. The first district is called the Eastern District of North Carolina. The second is the Middle District of North Carolina and the third is the Western District of North Carolina. There are also different branches in each district. For example, the Middle District of North Carolina has a Durham Division and a Greensboro Division. When you come into the office and complete the questionnaire, our staff will determine the district in which you would file.

When an individual files for Chapter 13, there is a provision in the Bankruptcy Code that provides that the filing of a Chapter 13 not only stops any action to collect a debt from the debtor, but also stops any action to collect a debt from a co-signor who is listed on the petition. In order to fully protect the co-signor under the Chapter 13, the debt must be paid in full at the contract rate of interest. The payments; however, can often be extended and therefore the monthly payment to the creditor can be decreased.

In order to file for a bankruptcy case together, the Debtors must be married.

When an individual files for bankruptcy, they are given an option to reaffirm (keep) or surrender the secured debt that they have. If a house is surrendered, the deficiency on the house is discharged or eliminated in the bankruptcy.