Cary, NC (919) 380-8387
General Information
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11 USC 528 disclosure:
This office is a federally designated Debt Relief Agency under the United States Bankrupcty Code. We assist people with finding solutions to their debt problems, including helping them file bankruptcy if appropriate.
Member of National Association of Consumer Bankruptcy Attorneys (NACBA)
Attorney Fees:
(for an average case)
Chapter 7:
Below median income
From $1,000.00 (Payment Plan Available)
Above median income
From $1,150.00 (Payment Plan Available)
Chapter 13:
Most cases - $3000.00
Raleigh - Down payment: from $300; Balance paid through the plan
Filing Fees:
Chapter 7 - $299.00
and
Credit Counseling fee - $34.00
Financial Management fee $8.00
Chapter 13 - $274.00
and
Credit Counseling fee - $34.00
All Chapter 7 attorney fees, the $299.00 filing fee, and the $34.00 credit counseling fee must be paid before the case is filed. For Chapter 13, the $300.00 down payment, the $274.00 filing fee, and the $34.00 credit counseling fee must be paid before the case is filed.
The attorney receives none of the filing fee or credit counseling fee.
The quoted fees are for a simple, uncontested bankruptcy.
Call my office to set an appointment for a consultation to come in and learn more about bankruptcy.
You will receive personal attention from the attorney. This is not a volume- filing, “bankruptcy mill” operation. You do not meet with a paralegal when you come into the office for your appointment. You meet with me.
GENERAL INFORMATION
CONCERNING BANKRUPTCY
The following information is in no way intended to create an attorney-client relationship. The attorney-client relationship is created only upon the signing of a contract setting out the specifics of the attorney-client relationship. Those specifics include the fee to be charged by the attorney, what work will be done by the attorney under the contract, and what work is not included in the contract.
Chapter 7 bankruptcy: Liquidation of assets to pay creditors
Upon the moment of the filing of the case, the entire estate comes under the jurisdiction and control of the Bankruptcy Court. However, certain exemptions are “carved out” of the estate to enable the debtor to get a “fresh start” upon receipt of the order of discharge at the end of the case. There are state exemptions as well as some federal exemptions which can be used. The bankruptcy trustee cannot take these exempt assets and liquidate them to pay creditors of the estate.
Chapter 13 bankruptcy: The “wage-earner plan”
Money is paid by the debtor to the trustee each month who then makes payments to the creditors of the estate. The debtor’s attorney drafts a feasible plan to present to the court. The plan is based on the debtor’s monthly income less the debtor’s reasonable monthly expenses. The difference between the two is called disposable income. The disposable income is used to bring mortgage arrearages current, vehicle payments current, taxes current, etc., all while the debtor is under the protection of the court.
Who is the trustee?
The trustee is a court-appointed attorney who manages the case.
What is the automatic stay?
Upon the filing of the case, similar to a snapshot taken by a camera, the debtor’s situation becomes frozen in time. The debtor is under the court’s protection from creditors of the estate.
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