Articles & News

Will my membership interest in a North Carolina LLC be impacted if I file bankruptcy?

There was a really good question posted on AVVO.com today regarding the impact of bankruptcy filing on a member’s interest of an LLC. As an Asheville bankruptcy lawyer, this was my response: Frankly, I have found that the NC statute (NCGS 57C-3-02) is one that many attorneys, including bankruptcy attorneys,...

What is the difference between chapter 7 and chapter 13?

As an Asheville Bankruptcy attorney I am often asked the difference between chapter 7 and chapter 13 bankruptcy. Before I describe the differences, it is important to understand the similarities. First of all, regardless of whether you file for bankruptcy under chapter 7 or chapter 13, you will be filing bankruptcy and...

A Note About Creditor Settlements

Most creditors eventually propose a settlement amount if the debt isn’t being paid. (By the way, most creditors do NOT accept a settlement if the debt is being paid.) A creditor who accepts settlement of less than the full balance of the debt will issue you an IRS Form 1099-C...

Are personal injury proceeds protected?

I often respond to questions posed by anonymous individuals on www.avvo.com. Recently, someone asked the following question: “In NC, can a Credit Card Co with a judgement against you lien or garnish an accident injury settlement paid to you?“ Here is my response: In NC, proceeds received from a personal...

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