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

A 341 hearing is a hearing required by the Bankruptcy Code under Section 341. It is often referred to as the Meeting of Creditors. Once a bankruptcy case is filed, your hearing is usually scheduled with 20-45 days. This is the chance for your appointed Trustee to ask you questions about your case. The questions are generally fair, reasonable, and easy to answer. It is also the chance for your creditors to question you. Most of the time, your creditors will not appear at the hearing, but if they do, your attorney will be there to help you. Usually, there is an entire room full of people in your exact situation and there is no reason to be embarrassed or nervous.

Absolutely! When you come into the office for your initial consultation, you will meet with an attorney who will conduct a complete financial analysis. If you decide that you want to retain our law firm to file your bankruptcy case, you will then be given a packet of information to complete. At that time, you will be instructed on how to obtain all of the information that is required to file. This will include instructions on how to obtain your credit report.

If you are facing a levy from the Internal Revenue Service or the State of North Carolina, you will be able to stop the levy by filing a bankruptcy case. As soon as a bankruptcy case is filed, the Bankruptcy Court issues an order which prohibits the government from continuing it’s levy. When a Chapter 13 case it filed, it provides you with an opportunity to compel the governmental unit to accept repayment of the debt and stops the levy previously entered.

If you are currently experiencing a garnishment, you will be able to stop a garnishment by filing a bankruptcy case. As soon as a Chapter 13 or Chapter 7 is filed, the Bankruptcy Court issues an order that prohibits a creditor from garnishing or levying any of your assets, including wages and income tax refunds.

Often, we can get you into the office the same day that you initially call. If you’d like to make an appointment, call our free information hotline at (919) 845-7721. After you listen to a short tape, you can speak to our receptionist who will set you an appointment to come in for free.

Often, we can get you into the office the same day that you initially call. If you’d like to make an appointment, call our free information hotline at (919) 845-7721. After you listen to a short tape, you can speak to our receptionist who will set you an appointment to come in for free.

Under the new bankruptcy laws, all Debtors must take a credit counseling course within 180 days before a case is filed with the Court. The credit counseling course can be taken on-line by computer or over the phone. On an average, it takes approximately 30-45 minutes. When a client comes into our office, we will give you a packet with the names of the credit counseling agencies that are approved in North Carolina. Once the course is completed, a credit counseling certificate is faxed to our office and is eventually filed with the Court.

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.

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

When you come into the office for the free consultation, you will fill out a brief form.  You will meet with an attorney and the attorney will perform a complete financial analysis.  They will review your income, your monthly expenses and all of your bills.

Next, if you want to proceed with the case, it only takes $50 to get the ball rolling and open up a file.

When a file is opened, you will be given a questionnaire and paperwork to complete.  You will also be given a document checklist.  Once the paperwork is finished and the initial fees are paid, you will meet with a staff member who will guide you through the process. 

At the next meeting, you wil review and sign the paperwork and the case will be filed with the Court.  Overall, the process generally takes about 2-3 weeks.  If you have an emergency, such as a foreclosure or threat of repossession, we can speed up the process.